Legal Opinion

Alexander v. State

District Court of Appeal of Florida

Decided September 29, 1981No. YY-443PublishedCited by 1 opinion

1Per curiam

The provision in appellant’s sentence that he be confined “at hard labor” is not authorized by law, is surplusage, and as such is hereby stricken. Massey v. State, 351 So.2d 376 (Fla. 1st DCA 1977). As amended, the sentence is affirmed.

The appeal from the conviction for grand theft is dismissed without prejudice to appellant to file a motion for post-conviction relief under Fla.R.Crim.P. 3.850. See Wilson v. State, 378 So.2d 1258, 1260 (Fla.1st DCA 1979), rev’d on other grounds, 395 So.2d 520 (Fla.1981); Counts v. State, 376 So.2d 59 (Fla.2d DCA 1979); Hall v. State, 397 So.2d 1041 (Fla. 5th…

2Cases cited5 opinions

  1. Counts v. StateDistrict Court of Appeal of Florida · 1979
  2. State v. WilsonSupreme Court of Florida · 1981
  3. Wilson v. StateDistrict Court of Appeal of Florida · 1979
  4. Massey v. StateDistrict Court of Appeal of Florida · 1977
  5. Hall v. StateDistrict Court of Appeal of Florida · 1981

3Cited by1 opinion

  1. Gandy v. StateDistrict Court of Appeal of Florida · 1990

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