JAMES DALE GROWDEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES DALE GROWDEN, APPELLANT,
STATE OF FLORIDA, APPELLEE
347 So. 2d 631
Florida District Court of Appeal, Fourth District (1977)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Upon review and consideration of the briefs, record on appeal and oral argument we are of the opinion that no reversible error has been clearly demonstrated, and the judgment and sentence is thereby affirmed except to the extent that reference in the sentence to imprisonment “at hard labor” is improper and is accordingly deleted. See McDonald v. State, 321 So. 2d 453 (Fla. 4th DCA 1975).
AFFIRMED, as modified.
MAGER, C. J., and ANSTEAD and LETTS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Growden v. State, 372 So. 2d 930 (Fla. 1979)…ADKINS, Justice. By petition for certiorari we have for review an opinion of the district court of appeal, fourth district (Growden v. State, 347 So. 2d 631 (Fla. 4th DCA 1977)), which allegedly conflicts with a decision of the district court of appeal, second district (Huff v. State, 350 So. 2d 123 (Fla.2d DCA 1977)), on the same point of law. Art. V, § 3(b)(3), Fla.Const. The essential issue is wheth…
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Iglesias v. State, 370 So. 2d 862 (Fla. 3d DCA 1979)…reverse. There is no longer statutory authority for sentencing an individual to “hard labor”, since the repeal of Section 922.05(2), Florida Statutes. Therefore, upon remand the phrase shall be stricken from the sentences imposed. Growden v. State, 347 So. 2d 631 (Fla.4th DCA 1977). Accordingly, we affirm in part, and reverse and remand in part.…
Authorities Cited
- McDONALD v. State, 321 So. 2d 453 (Fla. 4th DCA 1975)