Public-domain · open source
OpenJurist

362 So. 2d 696

Young v. State

District Court of Appeal of Florida

Decided September 20, 1978

District Court of Appeal of Florida · decided 1978-09-20

Relies on Speller v. State

Decided 1978-09-20

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 only point which merits discussion is the propriety of the appellant’s sentence to confinement “at hard labor.” To be imprisoned “at hard labor” is improper because no existing state statute provides for its imposition as a sentence for any offense. Spel*697ler v. State, 305 So.2d 231 (Fla. 2d DCA 1974).

¶3Remanded for the purpose of striking the language “at hard labor” from the sentencing order; otherwise affirmed. Appellant need not be present for this purpose.

BOARDMAN, Acting C. J., and SCHEB and DANAHY, JJ., concur.
/362/so2d/696 · .json · Public domain