Bass v. State

Full title: CHARLES ARTHUR BASS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Dec 22, 1978

365 So. 2d 227 (Fla. Dist. Ct. App. 1978)

Opinion

No. KK-64.

December 22, 1978.

Appeal from Circuit Court, Santa Rosa County; George Lowrey, Judge.

Michael J. Minerva, Public Defender, Janice G. Scott, Asst. Public Defender and Charles Arthur Bass, in pro. per., for appellant.

Robert L. Shevin, Atty. Gen., Charles W. Musgrove and Carolyn M. Snurkowski, Asst. Attys. Gen., for appellee.

PER CURIAM.

Bass' conviction of armed robbery is affirmed. However, the provision in his sentence that he be imprisoned "at hard labor" is not authorized by law, and being merely surplusage, this provision is hereby stricken. Massey v. State, 351 So.2d 376 (Fla. 1st DCA 1977). As amended, the sentence is AFFIRMED.

McCORD, C.J., and ERVIN and MELVIN, JJ., concur.