374 So. 2d 648

Calvin Leroy THOMPSON, Appellant, v. STATE of Florida, Appellee.

No. GG-422.

District Court of Appeal of Florida, First District.

Aug. 30, 1979.

Alan B. Bookman of Holsberry, Emmanuel, Sheppard & Condon, Pensacola, for appellant.

Jim Smith, Atty. Gen., Lee Mandell, Asst. Atty. Gen., for appellee.

PER CURIAM.

The order of revocation of probation and the judgment and sentence predicated thereon are affirmed. The provision in the sentence that appellant be confined “at hard labor” is surplusage and the same is hereby stricken. Massey v. State, 351 So.2d 376 (Fla.1st DCA 1977). Further, the provision in the sentence that appellant, who had been adjudged insolvent, pay costs of- $2.00 or serve one day of confinement to run concurrently with the sentence was error. Smith v. State, 352 So.2d 1276 (Fla.1st DCA 1977). As amended, the judgment and sentence are affirmed except for the assessment of costs and the one day sentence in lieu thereof and the cause is remanded with directions to delete the same from the sentence. Such modification may be made without pronouncement in open court.

ERVIN, Acting C. J., and BOOTH and SHIVERS, JJ., concur.

Thompson v. State
374 So. 2d 648

Case Details

Name
Thompson v. State
Decision Date
Aug 30, 1979
Citations

374 So. 2d 648

Jurisdiction
Florida

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!