Lucas v. State

District Court of Appeal of Florida

Lucas v. State

350 So. 2d 32, 1977 Fla. App. LEXIS 16435

CourtDistrict Court of Appeal of Florida

DecidedSeptember 23, 1977

DocketNo. 76-1525

StatusPublished

Cited by1 cases

This text of 350 So. 2d 32 (Lucas 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

Lucas v. State, 350 So. 2d 32, 1977 Fla. App. LEXIS 16435 (Fla. Ct. App. 1977).

Pincite

Opinion

PER CURIAM.

The only point raised on this appeal is the propriety of appellant’s sentence to confinement “at hard labor.” To be imprisoned “at hard labor” is improper because no existing state statute provides for imprisonment at hard labor as a sentence for any offense. McDonald v. State, 321 So.2d 453 (Fla. 4th DCA 1975).

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.

McNULTY, A. C. J., and GRIMES and OTT, JJ., concur.

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

PER CURIAM.

The only point raised on this appeal is the propriety of appellant’s sentence to confinement “at hard labor.” To be imprisoned “at hard labor” is improper because no existing state statute provides for imprisonment at hard labor as a sentence for any offense. McDonald v. State, 321 So.2d 453 (Fla. 4th DCA 1975).

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.

McNULTY, A. C. J., and GRIMES and OTT, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

350 So. 2d 32, 1977 Fla. App. LEXIS 16435, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lucas-v-state-fladistctapp-1977.

Opinion

Related

Cite This Page — Counsel Stack