Smith v. State, 353 So. 2d 662

PER CURIAM.

We affirm the judgment of the trial court, but we agree with appellant that the phrase “at hard labor” in his sentence is improper. Brooks v. State, 349 So.2d 794 (Fla.2d DCA 1977). Therefore, we remand this case for correction of sentence, and appellant need not be present at that time.

HOBSON, Acting C. J., and OTT and RYDER, JJ., concur.

Case Details

Case Name: Smith v. State

Court Name: District Court of Appeal of Florida

Date Published: Dec 30, 1977

Citations: 353 So. 2d 662; 1977 Fla. App. LEXIS 17038; No. 77-1468

Docket Number: No. 77-1468

Court Abbreviation: Fla. Dist. Ct. App.