Stover v. State

Full title: RONALD E. STOVER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Nov 15, 1978

365 So. 2d 176 (Fla. Dist. Ct. App. 1978)

Opinion

Nos. 78-551 through 78-555 and 78-564.

November 15, 1978.

Appeal from the Circuit Court, Hillsborough County, J. Rogers Padgett, J.

Jack O. Johnson, Public Defender, Bartow, and Karal B. Rushing, Asst. Public Defender, Tampa, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Richard G. Pippinger, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We affirm the judgments and sentences of the trial court, but we agree with appellant that the phrase "at hard labor" in the sentence imposed for grand larceny is improper. Knight v. State, 349 So.2d 232 (Fla.2d DCA 1977). Accordingly, we remand the case to the trial court for removal of the hard labor provision. Appellant need not be present for this correction.

GRIMES, C.J., and SCHEB and OTT, JJ., concur.