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GERLACH v. STATE

No. 77-1433.

365 So.2d 196 (1978)

Carlton Wesley GERLACH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 6, 1978.

Attorney(s) appearing for the Case

James Robert Yon, Tampa, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Michael A. Palecki, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We affirm the judgment of the trial court, but we find the phrase "at hard labor" in the sentence is improper because no existing Florida statute provides for imprisonment at hard labor as a sentence for any crime. Corsey v. State, 349 So.2d 738 (Fla.2d DCA 1977).

Remanded for striking the phrase "at hard labor" in the judgment and sentence; otherwise affirmed. Appellant need not be present for this purpose...

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