Opinion
No. PP-247.
August 19, 1980.
Appeal from Circuit Court, Alachua County; Wayne M. Carlisle, Judge.
Michael J. Minerva, Public Defender, Margaret Good, Asst. Public Defender, for appellant.
Jim Smith, Atty. Gen., Miguel A. Olivella, Jr., Asst. Atty. Gen., for appellee.
The judgment and sentence is affirmed except to the extent that the provision "at hard labor," appearing in the terms of the sentence, is surplusage and is hereby stricken. Ussery v. State, 350 So.2d 839 (Fla. 1st DCA 1977).
ROBERT P. SMITH, Jr. and SHIVERS, JJ., and ERNEST E. MASON (Ret.), Associate Judge, concur.