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365 So. 2d 196

Gerlach v. State

District Court of Appeal of Florida

Decided December 6, 1978

District Court of Appeal of Florida · decided 1978-12-06

Relies on Corsey v. State

Decided 1978-12-06

PER CURIAM.

¶1We affirm the judgment of the trial court, but we find the phrase “at hard labor” in the sentence is improper because no existing Florida statute provides for imprisonment at hard labor as a sentence for any crime. Corsey v. State, 349 So.2d 738 (Fla.2d DCA 1977).

¶2Remanded for striking the phrase “at hard labor” in the judgment and sentence; otherwise affirmed. Appellant need not be present for this purpose.

BOARDMAN, Acting C. J., and RYDER and DANAHY, JJ., concur.
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