ALEXANDER v. STATE

No. YY-443.

404 So.2d 173 (1981)

James ALEXANDER, a/k/a Ronald Johnson, a/K/a Jessie McMillian, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

September 29, 1981.


Attorney(s) appearing for the Case

Michael Allen, Public Defender, and David J. Busch, Asst. Public Defender, for appellant.

No appearance for appellee.


PER CURIAM.

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.

The appeal from the conviction for grand theft is dismissed without prejudice to appellant to file a motion for post-conviction relief under Fla.R.Crim.P. 3.850. See...

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