Opinion
No. KK-45.
December 5, 1978.
Appeal from Circuit Court, Escambia County; William S. Rowley, Judge.
Michael J. Minerva, Public Defender, and Kathleen Dekker, Sp. Asst. Public Defender, for appellant.
Robert L. Shevin, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., for appellee.
Appellant has failed to demonstrate that the trial court abused his discretion in revoking appellant's probation. The order of revocation of probation is accordingly affirmed. However, the provision in appellant's sentence that he be confined "at hard labor" is not authorized by law, is surplusage and as such is hereby stricken. Massey v. State, 351 So.2d 376 (Fla. 1st DCA 1977). As amended, the sentence is affirmed.
BOYER, Acting C.J., and MILLS and BOOTH, JJ., concur.