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354 So. 2d 1221

Wells v. State

District Court of Appeal of Florida

Decided January 24, 1978

District Court of Appeal of Florida · decided 1978-01-24

Cited by 1 later decisions — most recently February 1978

1 state decisions

Relies on 304 So. 2d 119 - Wilson v. State · Speller v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1978-01-24

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PER CURIAM.

¶1Appellant was found guilty by a jury of burglary and grand larceny.

¶2He seeks reversal of his convictions on the grounds (1) that the trial court erred in denying his motion to suppress confessions without an unequivocal and explicit finding *1222of voluntariness, and (2) that the court erred in sentencing the defendant to fifteen years imprisonment at hard labor.

¶3We have carefully reviewed the record on appeal and considered the briefs and arguments of counsel and have concluded that no reversible error has been demonstrated as to the conviction. Wilson v. State, 304 So.2d 119 (Fla.1974).

¶4As to the appellant’s contention that the court erred in sentencing the defendant to fifteen years imprisonment at hard labor we hold that the court erred in specifying hard labor in "the sentence. There is no statutory authority for sentencing a convicted person to hard labor. Therefore the words hard labor are stricken from the sentence and it is affirmed as amended. Speller v. State, 305 So.2d 231 (Fla.2d DCA 1974).

¶5Affirmed.

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