Opinion
No. 75-737.
September 16, 1977.
Appeal from the Circuit Court, Hillsborough County, Charles H. Scruggs, III, J.
Marvin Gerald Carson, pro se, Jack O. Johnson, Public Defender, Bartow, and Wayne Chalu, Asst. Public Defender, Tampa, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.
After reviewing the briefs and record on appeal, we find the appellant has failed to demonstrate any reversible error; therefore, the judgment appealed is affirmed.
The record indicates appellant was sentenced to prison "at hard labor." To be imprisoned "at hard labor" is improper because no existing state statute provides for imprisonment at hard labor as a sentence for any offense. McDonald v. State, 321 So.2d 453 (Fla. 4th DCA 1975).
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.
BOARDMAN, C.J., and HOBSON and OTT, JJ., concur.