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.