Roberts v. State

District Court of Appeal of Florida

Roberts v. State

367 So. 2d 693, 1979 Fla. App. LEXIS 14463

CourtDistrict Court of Appeal of Florida

DecidedFebruary 9, 1979

DocketNo. 77-1558

StatusPublished

This text of 367 So. 2d 693 (Roberts 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

Roberts v. State, 367 So. 2d 693, 1979 Fla. App. LEXIS 14463 (Fla. Ct. App. 1979).

Pincite

Opinion

PER CURIAM.

After reviewing the briefs and record on appeal we find appellant has failed to demonstrate reversible error; therefore, the judgment appealed is affirmed on authority of Clark v. State, 363 So.2d 331 (Fla.1978).

The only point which merits discussion 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 its imposition as a sentence for any offense. Speller v. State, 305 So.2d 231 (Fla. 2d DCA 1974).

[694]*694Remanded for the purpose of striking the language “at hard labor” from the sentencing order; otherwise affirmed. Appellant need not be present for this purpose.

BOARDMAN, Acting C. J., and SCHEB and OTT, JJ., concur.

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