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Manning v. State

District Court of Appeal of Florida, First District
Dec 19, 1978
365 So. 2d 224 (Fla. Dist. Ct. App. 1978)

Opinion

No. JJ-415.

December 19, 1978.

Appeal from Circuit Court, Escambia County; Joseph M. Crowell, Judge.

Michael J. Minerva, Public Defender, and Louis G. Carres, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., for appellee.


Appellant's conviction for manslaughter is affirmed. However, the provision in her sentence that she 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.


Summaries of

Manning v. State

District Court of Appeal of Florida, First District
Dec 19, 1978
365 So. 2d 224 (Fla. Dist. Ct. App. 1978)
Case details for

Manning v. State

Case Details

Full title:KATHERINE MANNING, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Dec 19, 1978

Citations

365 So. 2d 224 (Fla. Dist. Ct. App. 1978)

Citing Cases

Edgecomb v. State

See Sheppard v. State, 45 So. 3d 816, 817 (Fla. 3d DCA 2010) ("[W]e reverse the 'hard labor' condition of the…