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SMITH v. STATE

No. 77-1468.

353 So.2d 662 (1977)

Ronald Edward SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 30, 1977.

Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, W.C. McLain, Asst. Public Defender, and Ken Glover, Research Asst., Bartow, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and C. Marie King, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We affirm the judgment of the trial court, but we agree with appellant that the phrase "at hard labor" in his sentence is improper. Brooks v. State, 349 So.2d 794 (Fla.2d DCA 1977). Therefore, we remand this case for correction of sentence, and appellant need not be present at that time.

HOBSON, Acting C.J., and OTT and RYDER...

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