Opinion
No. PP-111.
March 3, 1980.
Appeal from Circuit Court, Duval County; Larry Smith, Judge.
Michael J. Minerva, Public Defender, and Nancy A. Daniels, Asst. Public Defender, for appellant.
Jim Smith, Atty. Gen., and David P. Gauldin, Asst. Atty. Gen., for appellee.
The defendant appeals a judgment and sentence which we affirm except as to the sentence of imprisonment "at hard labor." Florida law contains no provision for a sentence "at hard labor," and such language is hereby stricken as technical surplusage. Ussery v. State, 350 So.2d 839 (Fla. 1st DCA 1977).
Accordingly, the judgment and sentence appealed is affirmed as amended.
ROBERT P. SMITH, Jr., LARRY G. SMITH and WENTWORTH, JJ., concur.