¶1After reviewing the briefs and record on appeal, we find the appellant has failed to demonstrate reversible error; however, the provision in appellant’s sentence that he be imprisoned “at hard labor” is improper. Ussery v. State, 350 So.2d 839 (Fla. 1st D.C.A. 1977); McDonald v. State, 321 So.2d 453 (Fla. 4th D.C.A. 1975). Accordingly, this ease is REMANDED for the purpose of striking the language “at hard labor” from the sentencing order; it is otherwise affirmed. Appellant need not be present for this purpose.
362 So. 2d 172
Talbert v. State
District Court of Appeal of Florida
Decided September 15, 1978
District Court of Appeal of Florida · decided 1978-09-15
Relies on 321 So. 2d 453 - McDonald v. State · Ashley v. State
Decided 1978-09-15