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WELBORN v. STATE

No. 77-635.

351 So.2d 398 (1977)

Curtis WELBORN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 4, 1977.

Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, Bartow, and Douglas A. Wallace, Asst. Public Defender, Bradenton, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We affirm the judgment of the trial court. However we agree with appellant that it was improper for the trial court to imprison him at hard labor. Brooks v. State, 349 So.2d 794 (Fla.2d DCA 1977). The case is remanded in order to correct the sentence, and the appellant need not be present at that time.

GRIMES, Acting C.J., SCHEB, J., and McNULTY, JOSEPH P. (Ret.), Associate...

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