Legal Opinion

Brunicarde v. State

District Court of Appeal of Florida

Decided May 17, 1978No. 77-1206PublishedCited by 1 opinion

1Per 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…

2Cases cited1 opinion

  1. Speller v. StateDistrict Court of Appeal of Florida · 1974

3Cited by1 opinion

  1. Atreco-Florida, Inc. v. BerlinerDistrict Court of Appeal of Florida · 1978

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