¶1This is an appeal from the denial of a motion for post-conviction relief under Rule 3.850, Fla.R.Crim.P. Though appellant raised several grounds, only one has any merit and that is that he was sentenced to imprisonment “at hard labor.” As held by this court in Ussery v. State, 350 So.2d 839 (Fla. 1st DCA 1977), that provision is technical surplusage and is hereby stricken. In all other respects, the judgment of the trial court is affirmed.
369 So. 2d 1024
Beard v. State
District Court of Appeal of Florida
Decided April 24, 1979
District Court of Appeal of Florida · decided 1979-04-24
Cited by 1 later decisions — most recently March 1981
1 state decisions
Relies on Ashley v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1979-04-24
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