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358 So. 2d 892

Warren v. State

District Court of Appeal of Florida · decided 1978-05-17

Relies on Speller v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1978-05-17

How this case has been cited

Cited by 4 later decisions — most recently April 1997

4 state decisions

20197819801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

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

¶2The two points raised by appellant are the propriety of the appellant’s sentence to confinement at hard labor and the allegation that appellant was sentenced to the county jail for a term of eighteen months incarceration.

¶3While it appears from the record that appellant was convicted of possession of heroin and properly committed to the custody of the Florida Department of Offender Rehabilitation, the transcript of the sentencing hearing and the judgment and sentence form indicate that a clerical error was made in indicating appellant’s proper place of incarceration.

¶4To 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).

¶5Remanded for the purpose of striking the language “at hard labor” and for correcting sentence to indicate commitment to the Department of Offender Rehabilitation; otherwise, appellant’s conviction is affirmed.

¶6Appellant need not be present for this purpose.

HOBSON, Acting C. J., and SCHEB and DANAHY, JJ., concur.
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