Shade v. State

Appellant challenges the trial court’s denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800. Appellant alleges three grounds for relief, only one of which has merit. Specifically, Appellant claims the portion of his sentence which requires hard labor is illegal. We agree.

Where a defendant commits his crimes after 1970, a hard labor condition constitutes an illegal sentence. Harris v. State, 902 So.2d 292 (Fla. 3d DCA 2005); Burney v. State, 705 So.2d 90 (Fla. 2d DCA 1997). Consequently, Appellant is entitled to have the condition of…