Kowalsky v. State

District Court of Appeal of Florida

Kowalsky v. State

361 So. 2d 442, 1978 Fla. App. LEXIS 16407

CourtDistrict Court of Appeal of Florida

DecidedAugust 9, 1978

DocketNo. 78-423

StatusPublished

Cited by1 cases

This text of 361 So. 2d 442 (Kowalsky 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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Kowalsky v. State, 361 So. 2d 442, 1978 Fla. App. LEXIS 16407 (Fla. Ct. App. 1978).

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Opinion

PER CURIAM.

In this case, the trial judge adjudicated appellant guilty of reckless driving, fleeing a police officer, and aggravated assault. He then imposed a sentence of three years imprisonment. We affirm the judgment, but we agree with appellant that his sentence contains two infirmities.

The three-year sentence is an illegal general sentence. Dorfman v. State, 351 So.2d 954 (Fla.1977); Darden v. State, 306 So.2d 581 (Fla. 2d DCA 1975). Also, the phrase “at hard labor” in the present sentence is improper. Speller v. State, 305 So.2d 231 (Fla. 2d DCA 1974). Therefore, we remand for resentencing and appellant need not be present for this purpose.

GRIMES, C. J., and SCHEB and RYDER, JJ., concur.

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PER CURIAM.

In this case, the trial judge adjudicated appellant guilty of reckless driving, fleeing a police officer, and aggravated assault. He then imposed a sentence of three years imprisonment. We affirm the judgment, but we agree with appellant that his sentence contains two infirmities.

The three-year sentence is an illegal general sentence. Dorfman v. State, 351 So.2d 954 (Fla.1977); Darden v. State, 306 So.2d 581 (Fla. 2d DCA 1975). Also, the phrase “at hard labor” in the present sentence is improper. Speller v. State, 305 So.2d 231 (Fla. 2d DCA 1974). Therefore, we remand for resentencing and appellant need not be present for this purpose.

GRIMES, C. J., and SCHEB and RYDER, JJ., concur.

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361 So. 2d 442, 1978 Fla. App. LEXIS 16407, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kowalsky-v-state-fladistctapp-1978.

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