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349 So. 2d 839

Carson v. State

District Court of Appeal of Florida

Decided September 16, 1977

District Court of Appeal of Florida · decided 1977-09-16

Relies on 321 So. 2d 453 - McDonald v. State

Decided 1977-09-16

PER CURIAM.

¶1After reviewing the briefs and record on appeal, we find the appellant has failed to demonstrate any reversible error; therefore, the judgment appealed is affirmed.

¶2The record indicates appellant was sentenced to prison “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).

¶3Remanded 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, C. J., and HOBSON and OTT, JJ., concur.
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