ROBERT JAMES BEARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROBERT JAMES BEARD, APPELLANT,
STATE OF FLORIDA, APPELLEE
369 So. 2d 1024
Florida District Court of Appeal, First District (1979)
Caution
Cited by 2 cases
Opinion of the Court
PER CURIAM.
This 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.
MELVIN, Acting C. J., and BOOTH and SMITH, LARRY G., JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Curtis v. Evans, 395 So. 2d 1242 (Fla. 5th DCA 1981)…thout merit. We agree with appellant that the phrase “at hard labor” should be stricken. That phrase is hereby stricken as surplusage. In all other respects, the judgment is affirmed. Stacey v. State, 370 So. 2d 75 (Fla.2d DCA 1979); Beard v. State, 369 So. 2d 1024 (Fla.1st DCA 1979). DAUKSCH, C. J., and ORFINGER, J., concur.…
Authorities Cited
- Ussery v. State, 350 So. 2d 839 (Fla. 1st DCA 1977)