Public-domain · open source
OpenJurist

45 So. 3d 816

Sheppard v. State

District Court of Appeal of Florida

Decided August 11, 2010

District Court of Appeal of Florida · decided 2010-08-11

Decided 2010-08-11

WELLS, Judge.

¶1 Richard L. Sheppard appeals an order summarily denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Based on the State’s proper confession of error, we reverse the “hard labor” condition of the defendant’s life sentence for second degree murder and remand with instructions that the lower court strike this condition. The defendant need not be present for resentencing. We affirm the denial of the balance of the motion in all respects.

¶2 Affirmed in part, reversed in part, and remanded with instructions.

/45/so3d/816 · .json · Public domain