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SHEPPARD v. STATE

No. 3D10-161.

45 So.3d 816 (2010)

Richard L. SHEPPARD, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 27, 2010.

Attorney(s) appearing for the Case

Richard L. Sheppard , in proper person.

Bill McCollum , Attorney General, and Douglas J. Glaid , Assistant Attorney General, for appellee.

Before COPE, WELLS, and SALTER, JJ.

WELLS, Judge.

Richard L. Sheppard appeals an order summarily denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Based on the State's proper confession of error, we reverse the "hard labor" condition of the defendant's life sentence for second degree murder and remand with instructions that the lower court strike this condition. The defendant need not be present for resentencing. We affirm the denial of the...

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