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361 So. 2d 442

Kowalsky v. State

District Court of Appeal of Florida · decided 1978-08-09

Cited by 1 later decisions — most recently February 1980

1 state decisions

Relies on Dorfman v. State · 306 So. 2d 581 - Darden v. State · Speller v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1978-08-09

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PER CURIAM.

¶1In this case, the trial judge adjudicated appellant guilty of reckless driving, fleeing a police officer, and aggravated assault. He then imposed a sentence of three years imprisonment. We affirm the judgment, but we agree with appellant that his sentence contains two infirmities.

¶2The three-year sentence is an illegal general sentence. Dorfman v. State, 351 So.2d 954 (Fla.1977); Darden v. State, 306 So.2d 581 (Fla. 2d DCA 1975). Also, the phrase “at hard labor” in the present sentence is improper. Speller v. State, 305 So.2d 231 (Fla. 2d DCA 1974). Therefore, we remand for resentencing and appellant need not be present for this purpose.

GRIMES, C. J., and SCHEB and RYDER, JJ., concur.
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