Opinion
No. 76-310.
May 13, 1977.
Appeal from Circuit Court, Orange County; Parker Lee McDonald, Judge.
Richard L. Jorandby, Public Defender, James K. Green, Legal Intern, and Frank B. Kessler, Chief, Appellate Division, West Palm Beach, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and Paul H. Zacks, Asst. Atty. Gen., West Palm Beach, for appellee.
Upon review and consideration of the briefs, record on appeal and oral argument we are of the opinion that no reversible error has been clearly demonstrated, and the judgment and sentence is thereby affirmed except to the extent that reference in the sentence to imprisonment "at hard labor" is improper and is accordingly deleted. See McDonald v. State, 321 So.2d 453 (Fla. 4th DCA 1975).
AFFIRMED, as modified.
MAGER, C.J., and ANSTEAD and LETTS, JJ., concur.