From Casetext: Smarter Legal Research

Russell v. State

District Court of Appeal of Florida, First District
Dec 5, 1978
364 So. 2d 868 (Fla. Dist. Ct. App. 1978)

Opinion

No. II-377.

December 5, 1978.

Appeal from the Circuit Court, Escambia County, M.C. Blanchard, J.

Michael J. Minerva, Public Defender, and Kathleen Dekker, Special Asst. Public Defender, Tallahassee, for appellant.

Robert L. Shevin, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., for appellee.


Russell's conviction as a principal in the first degree to robbery with a weapon 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.

BOYER, Acting C.J., and MILLS and BOOTH, JJ., concur.


Summaries of

Russell v. State

District Court of Appeal of Florida, First District
Dec 5, 1978
364 So. 2d 868 (Fla. Dist. Ct. App. 1978)
Case details for

Russell v. State

Case Details

Full title:BELINDA RUSSELL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Dec 5, 1978

Citations

364 So. 2d 868 (Fla. Dist. Ct. App. 1978)