363 So. 2d 351

Marvin A. McKINNEY, Appellant, v. STATE of Florida, Appellee.

No. 77-726.

District Court of Appeal of Florida, Second District.

June 28, 1978.

Jack 0. Johnson, Public Defender, P. Douglas Brinkmeyer, Asst. Public Defender, and Daphne W. Boswell, Legal Intern, Bartow, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

After reviewing the briefs and record on appeal, we find the appellant has failed to demonstrate reversible error; therefore, the judgment appealed is AFFIRMED.

The only point which merits discussion is the propriety of the appellant’s sentence to confinement “at hard labor.” To be imprisoned “at hard labor” is improper because no existing state statute provides for its imposition as a sentence for any offense. Speller v. State, 305 So.2d 231 (Fla. 2d DCA 1974).

Remanded for the purpose of striking the language “at hard labor” from the sentencing order; otherwise affirmed.

Appellant need not be present for this purpose.

GRIMES, Acting C. J., and SCHEB and RYDER, JJ., concur.

McKinney v. State
363 So. 2d 351

Case Details

Name
McKinney v. State
Decision Date
Jun 28, 1978
Citations

363 So. 2d 351

Jurisdiction
Florida

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