Brunicarde v. State

District Court of Appeal of Florida

Brunicarde v. State

360 So. 2d 784, 1978 Fla. App. LEXIS 16267

CourtDistrict Court of Appeal of Florida

DecidedMay 17, 1978

DocketNo. 77-1206

StatusPublished

Cited by1 cases

This text of 360 So. 2d 784 (Brunicarde 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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Brunicarde v. State, 360 So. 2d 784, 1978 Fla. App. LEXIS 16267 (Fla. Ct. App. 1978).

Pincite

Opinion

PER CURIAM.

After reviewing the briefs and record on appeal, we find the appellant has failed to demonstrate reversible error; therefore, the judgment appealed is affirmed.

The only point which merits discussion is the propriety of the appellant’s sentence to confinement “at hard labor.” To be imprisoned “at hard labor” is improper because no existing state statute provides for its imposition as a sentence for any offense. Speller v. State, 305 So.2d 231 (Fla.2d DCA 1974).

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.

HOBSON, Acting C. J., and SCHEB and DANAHY, JJ., concur.

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