Beard v. State

District Court of Appeal of Florida

Beard v. State

369 So. 2d 1024, 1979 Fla. App. LEXIS 14835

CourtDistrict Court of Appeal of Florida

DecidedApril 24, 1979

DocketNo. MM-359

StatusPublished

Cited by1 cases

This text of 369 So. 2d 1024 (Beard v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Beard v. State, 369 So. 2d 1024, 1979 Fla. App. LEXIS 14835 (Fla. Ct. App. 1979).

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Opinion

PER CURIAM.

This is an appeal from the denial of a motion for post-conviction relief under Rule 3.850, Fla.R.Crim.P. Though appellant raised several grounds, only one has any merit and that is that he was sentenced to imprisonment “at hard labor.” As held by this court in Ussery v. State, 350 So.2d 839 (Fla. 1st DCA 1977), that provision is technical surplusage and is hereby stricken. In all other respects, the judgment of the trial court is affirmed.

MELVIN, Acting C. J., and BOOTH and SMITH, LARRY G., JJ., concur.

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PER CURIAM.

This is an appeal from the denial of a motion for post-conviction relief under Rule 3.850, Fla.R.Crim.P. Though appellant raised several grounds, only one has any merit and that is that he was sentenced to imprisonment “at hard labor.” As held by this court in Ussery v. State, 350 So.2d 839 (Fla. 1st DCA 1977), that provision is technical surplusage and is hereby stricken. In all other respects, the judgment of the trial court is affirmed.

MELVIN, Acting C. J., and BOOTH and SMITH, LARRY G., JJ., concur.

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369 So. 2d 1024, 1979 Fla. App. LEXIS 14835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beard-v-state-fladistctapp-1979.

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