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PRYOR v. STATE

No. 80-73.

390 So.2d 475 (1980)

David William PRYOR, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 26, 1980.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, James R. Wulchak, Asst. Public Defender, and Christopher S. Quarles, Certified Legal Intern, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Edwin H. Duff, III, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

AFFIRMED.

The phrase "at hard labor" is hereby stricken from the sentence as surplusage. Curry v. State, 385 So.2d 8 (Fla. 5th DCA 1980); Manning v. State, 384 So.2d 46 (Fla. 5th DCA 1980).

DAUKSCH, C.J., and ORFINGER and FRANK D. UPCHURCH, Jr...

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