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KINDRICK v. STATE

No. 75-1824.

336 So.2d 480 (1976)

Richard KINDRICK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 13, 1976.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and James R. Bean, III, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Anthony J. Golden, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We have considered the briefs and record in this case and find no merit to appellant's contentions except that as the appellee concedes, the sentence to "hard labor" is surplusage and should be stricken. McDonald v. State, 321 So.2d 453 (Fla. 4th DCA 1975). In all other respects the judgment and sentence is affirmed.

MAGER, C.J., and DOWNEY and ALDERMAN...

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