Edwards v. State

District Court of Appeal of Florida

Edwards v. State

373 So. 2d 388, 1979 Fla. App. LEXIS 15097

CourtDistrict Court of Appeal of Florida

DecidedJuly 18, 1979

DocketNo. 78-2144

StatusPublished

Cited by3 cases

This text of 373 So. 2d 388 (Edwards 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.

Bluebook

Edwards v. State, 373 So. 2d 388, 1979 Fla. App. LEXIS 15097 (Fla. Ct. App. 1979).

Pincite

Opinion

DAUKSCH, Judge.

This is an appeal from an order denying relief requested under a motion filed pursuant to Florida Rules of Criminal Procedure 3.860. The appellant has asserted he was denied effective assistance of counsel. Upon an examination of the record we find the appellant was quite well represented by his assistant public defender and that no coercion induced the appellant to plead. Therefore we affirm the order denying post conviction relief. We do note, however, the appellant was sentenced to the state penitentiary “at hard labor”. This is improper because there is no statute providing for sentences at hard labor in Florida any longer. McDonald v. State, 321 So.2d 453 (Fla. 4th DCA 1975). The order, judgment and sentence are affirmed except the words “at hard labor” are hereby deleted from the sentence.

ANSTEAD and LETTS, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

DAUKSCH, Judge.

This is an appeal from an order denying relief requested under a motion filed pursuant to Florida Rules of Criminal Procedure 3.860. The appellant has asserted he was denied effective assistance of counsel. Upon an examination of the record we find the appellant was quite well represented by his assistant public defender and that no coercion induced the appellant to plead. Therefore we affirm the order denying post conviction relief. We do note, however, the appellant was sentenced to the state penitentiary “at hard labor”. This is improper because there is no statute providing for sentences at hard labor in Florida any longer. McDonald v. State, 321 So.2d 453 (Fla. 4th DCA 1975). The order, judgment and sentence are affirmed except the words “at hard labor” are hereby deleted from the sentence.

ANSTEAD and LETTS, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

373 So. 2d 388, 1979 Fla. App. LEXIS 15097, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edwards-v-state-fladistctapp-1979.

Opinion

Related

Cite This Page — Counsel Stack