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Talbert v. State

362 So. 2d 172, 1978 Fla. App. LEXIS 16609
CourtDistrict Court of Appeal of Florida
DecidedSeptember 15, 1978
DocketNo. JJ-149
StatusPublished

This text of 362 So. 2d 172 (Talbert 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
Talbert v. State, 362 So. 2d 172, 1978 Fla. App. LEXIS 16609 (Fla. Ct. App. 1978).

Opinion

PER CURIAM.

After reviewing the briefs and record on appeal, we find the appellant has failed to demonstrate reversible error; however, the provision in appellant’s sentence that he be imprisoned “at hard labor” is improper. Ussery v. State, 350 So.2d 839 (Fla. 1st D.C.A. 1977); McDonald v. State, 321 So.2d 453 (Fla. 4th D.C.A. 1975). Accordingly, this ease is REMANDED for the purpose of striking the language “at hard labor” from the sentencing order; it is otherwise affirmed. Appellant need not be present for this purpose.

SMITH, Acting C. J., and MELVIN and BOOTH, JJ., concur.

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Related

McDonald v. State
321 So. 2d 453 (District Court of Appeal of Florida, 1975)
Ussery v. State
350 So. 2d 839 (District Court of Appeal of Florida, 1977)

Cite This Page — Counsel Stack

Bluebook (online)
362 So. 2d 172, 1978 Fla. App. LEXIS 16609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/talbert-v-state-fladistctapp-1978.