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Lucas v. State

District Court of Appeal of Florida, Second District
Sep 23, 1977
350 So. 2d 32 (Fla. Dist. Ct. App. 1977)

Opinion

No. 76-1525.

September 23, 1977.

Appeal from the Circuit Court, Lee County, R. Wallace Pack, J.

Jack O. Johnson, Public Defender, Bartow, and Douglas A. Wallace, Asst. Public Defender, Bradenton, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee.


The only point raised on this appeal is the propriety of appellant's sentence to confinement "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.

McNULTY, A.C.J., and GRIMES and OTT, JJ., concur.


Summaries of

Lucas v. State

District Court of Appeal of Florida, Second District
Sep 23, 1977
350 So. 2d 32 (Fla. Dist. Ct. App. 1977)
Case details for

Lucas v. State

Case Details

Full title:JESSIE LEE LUCAS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Sep 23, 1977

Citations

350 So. 2d 32 (Fla. Dist. Ct. App. 1977)

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