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GROWDEN v. STATE

No. 76-310.

347 So.2d 631 (1977)

James Dale GROWDEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 13, 1977.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, James K. Green, Legal Intern, and Frank B. Kessler, Chief, Appellate Division, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Paul H. Zacks, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Upon review and consideration of the briefs, record on appeal and oral argument we are of the opinion that no reversible error has been clearly demonstrated, and the judgment and sentence is thereby affirmed except to the extent that reference in the sentence to imprisonment "at hard labor" is improper and is accordingly deleted. See McDonald v. State, 321 So.2d 453 (Fla. 4th DCA 1975).

AFFIRMED, as modified...

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