Gerlach v. State

District Court of Appeal of Florida

Gerlach v. State

365 So. 2d 196, 1978 Fla. App. LEXIS 17109

CourtDistrict Court of Appeal of Florida

DecidedDecember 6, 1978

DocketNo. 77-1433

StatusPublished

Cited by1 cases

This text of 365 So. 2d 196 (Gerlach 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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Gerlach v. State, 365 So. 2d 196, 1978 Fla. App. LEXIS 17109 (Fla. Ct. App. 1978).

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Opinion

PER CURIAM.

We affirm the judgment of the trial court, but we find the phrase “at hard labor” in the sentence is improper because no existing Florida statute provides for imprisonment at hard labor as a sentence for any crime. Corsey v. State, 349 So.2d 738 (Fla.2d DCA 1977).

Remanded for striking the phrase “at hard labor” in the judgment and sentence; otherwise affirmed. Appellant need not be present for this purpose.

BOARDMAN, Acting C. J., and RYDER and DANAHY, JJ., concur.

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PER CURIAM.

We affirm the judgment of the trial court, but we find the phrase “at hard labor” in the sentence is improper because no existing Florida statute provides for imprisonment at hard labor as a sentence for any crime. Corsey v. State, 349 So.2d 738 (Fla.2d DCA 1977).

Remanded for striking the phrase “at hard labor” in the judgment and sentence; otherwise affirmed. Appellant need not be present for this purpose.

BOARDMAN, Acting C. J., and RYDER and DANAHY, JJ., concur.

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365 So. 2d 196, 1978 Fla. App. LEXIS 17109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gerlach-v-state-fladistctapp-1978.

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