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Jackson v. State

District Court of Appeal of Florida, Second District
Nov 30, 1977
352 So. 2d 558 (Fla. Dist. Ct. App. 1977)

Opinion

No. 76-1416.

November 30, 1977.

Appeal from Circuit Court, Hendry County; John H. Shearer, Jr., Judge.

Jack O. Johnson, Public Defender, Bartow, and Douglas A. Wallace, Asst. Public Defender, Bradenton, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.


We affirm the judgment of the trial court. However we agree with appellant that the phrase "at hard labor" in his sentence is improper. Brooks v. State, 349 So.2d 794 (Fla.2d DCA 1977). Accordingly, we remand the case in order for the trial court to correct the sentence, and appellant need not be present at that time.

HOBSON, A.C.J., and RYDER and DANAHY, JJ., concur.


Summaries of

Jackson v. State

District Court of Appeal of Florida, Second District
Nov 30, 1977
352 So. 2d 558 (Fla. Dist. Ct. App. 1977)
Case details for

Jackson v. State

Case Details

Full title:STEPHEN JACKSON, JR., APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Nov 30, 1977

Citations

352 So. 2d 558 (Fla. Dist. Ct. App. 1977)