Corsey v. State
This text of 349 So. 2d 738 (Corsey 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.
Opinion
After reviewing the briefs and record on appeal, we find the appellant has failed to demonstrate any reversible error, therefore, the judgment appealed is affirmed.
The judgment and sentence of the court recites that appellant was sentenced to fifteen years in prison “at hard labor.” To be imprisoned “at hard labor” is improper because no existing Florida statute provides for imprisonment at hard labor as a sentence for any crime. McDonald v. State, 321 So.2d 453 (Fla. 4th DCA 1975).
Remanded for striking the phrase “at hard labor” in the judgment and sentence; otherwise affirmed. Appellant need not be present for this purpose.
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Cite This Page — Counsel Stack
349 So. 2d 738, 1977 Fla. App. LEXIS 16293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/corsey-v-state-fladistctapp-1977.