Witchard v. State

Full title: JOSEPH WITCHARD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: May 2, 1979

370 So. 2d 94 (Fla. Dist. Ct. App. 1979)

Opinion

No. 77-1399.

May 2, 1979.

Appeal from Circuit Court, Orange County; W. Rogers Turner, Judge.

Richard L. Jorandby, Public Defender, Michael Dubiner, Legal Intern and Tatjana Ostapoff, Chief, App. Div., Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Robert L. Bogen, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

The cause is affirmed.

Appellant was sentenced to the county jail for one year imprisonment at hard labor. The words "at hard labor" are stricken from the sentence, McDonald v. State, 321 So.2d 453 (Fla. 4th DCA 1975).

AFFIRMED AS MODIFIED.

LETTS and MOORE, JJ., and BURNSTEIN, MIETTE K., Associate Judge, concur.