¶1We affirm the judgment of the trial court. However we agree with appellant that it was improper for the trial court to imprison him at hard labor. Brooks v. State, 349 So.2d 794 (Fla.2d DCA 1977). The case is remanded in order to correct the sentence, and the appellant need not be present at that time.
351 So. 2d 398
Welborn v. State
District Court of Appeal of Florida
Decided November 4, 1977
District Court of Appeal of Florida · decided 1977-11-04
Relies on 349 So. 2d 794 - Brooks v. State
Decided 1977-11-04