Opinion
No. 77-1221.
January 13, 1978.
Appeal from Circuit Court, Polk County; Richard A. Bronson, Judge.
Jack O. Johnson, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.
The judgment appealed from is affirmed. We agree, however, with appellant that there is an imperfection in his sentence. The phrase "at hard labor" is improper. Brooks v. State, 349 So.2d 794 (Fla. 2d DCA 1977). Accordingly we remand this case for correction of the sentence. Appellant need not be present at resentencing.
HOBSON, A.C.J., and SCHEB and OTT, JJ., concur.