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SIMS v. STATE

No. KK-45.

364 So.2d 869 (1978)

Freddie SIMS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 5, 1978.

Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender, and Kathleen Dekker, Sp. Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., for appellee.

PER CURIAM.

Appellant has failed to demonstrate that the trial court abused his discretion in revoking appellant's probation. The order of revocation of probation is accordingly affirmed. However, the provision in appellant's sentence that he be confined "at hard labor" is not authorized by law, is surplusage and as such is hereby stricken. Massey v. State, 351 So.2d 376 (Fla. 1st DCA 1977). As amended, the sentence is affirmed...

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