Sims v. State, KK-45

• Decision Date: 05 December 1978
• Docket Number: No. KK-45,KK-45
• Citation: 364 So.2d 869
• Parties: Freddie SIMS, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 869

364 So.2d 869

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

No. KK-45.

District Court of Appeal of Florida, First District.

Dec. 5, 1978.

Appeal from Circuit Court, Escambia County; William S. Rowley, Judge.

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.

BOYER, Acting C. J., and MILLS and BOOTH, JJ., concur.