Iglesias v. State

Full title: PAUL IGLESIAS, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: May 15, 1979

370 So. 2d 862 (Fla. Dist. Ct. App. 1979)

Opinion

No. 77-1514.

May 15, 1979.

Appeal from Circuit Court, Dade County; Alan R. Schwartz, Judge.

Bennett H. Brummer, Public Defender, and Paul Morris, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and James H. Greason, Asst. Atty. Gen., for appellee.

Before HAVERFIELD, C.J.,^_ and HENDRY and KEHOE, JJ.

_ Chief Judge Haverfield participated in the decision in this case but did not hear oral argument.

PER CURIAM.

As to point I, the order is affirmed upon the authority of Doerr v. State, 348 So.2d 938 (Fla.2d DCA 1977).

As to point II, we reverse. There is no longer statutory authority for sentencing an individual to "hard labor", since the repeal of Section 922.05(2), Florida Statutes. Therefore, upon remand the phrase shall be stricken from the sentences imposed. Growden v. State, 347 So.2d 631 (Fla.4th DCA 1977).

Accordingly, we affirm in part, and reverse and remand in part.