Opinion
Nos. 77-1544 and 77-1957.
April 14, 1978. Rehearing Denied August 11, 1978.
Appeal from Circuit Court, Polk County; William A. Norris, Jr., Judge.
Jack O. Johnson, Public Defender, and Susan G. Sexton, Asst. Public Defender, Bartow, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.
After reviewing the briefs and record on appeal, we find the appellant has failed to demonstrate reversible error; therefore, the judgment appealed is affirmed.
The only point which merits discussion is the propriety of the appellant's sentence to confinement "at hard labor." To be imprisoned "at hard labor" is improper because no existing statute provides for its imposition as a sentence for any offense. Speller v. State, 305 So.2d 231 (Fla. 2d DCA 1974).
Remanded for the purpose of striking the language "at hard labor" from the sentencing order; otherwise, affirmed. Appellant need not be present for this purpose.
OTT, Acting C.J., and RYDER and DANAHY, JJ., concur.