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JACKSON v. STATE

No. 76-1416.

352 So.2d 558 (1977)

Stephen JACKSON, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 30, 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 William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We affirm the judgment of the trial court. However 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). Accordingly, we remand the case in order for the trial court to correct the sentence, and appellant need not be present at that time.

HOBSON, A.C.J., and RYDER and DANAHY...

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