LUIS GURIDI, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1978-12-05
No. 77-475
Before HENDRY, J., and CHARLES CARROLL (Ret.), and TYSON, ROBERT W., Jr., Associate Judges.
364 So. 2d 872 Florida District Court of Appeal, Third District (1978) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

The defendant was convicted of second degree murder, a felony in the first degree. This conviction is affirmed. Nevertheless, the defendant was sentenced to life imprisonment under Section 775.082(1), Florida Statutes (1975): the penalty for a capital felony which mandates a twenty-five year minimum sentence. The defendant should have been sentenced under Section 775.-082(3)(b), Florida Statutes (1975), which contains the proper sentences for felonies in the first degree. The sentence, here, was improper and contrary to the law. This court directs the trial court to correct the defendant’s sentence in accordance with Sections 775.082(3)(b) and 782.04(2), Florida Statutes (1975), which will effectively delete the twenty-five year mandatory minimum sentence.

Affirmed.

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  • Guridi v. State, 959 So. 2d 280 (Fla. 3d DCA 2007)
    …ree murder and sentenced to life in prison with a twenty-five-year mandatory minimum term. On direct appeal, we affirmed the conviction, but remanded for correction of the sentence by deleting the twenty-five-year mandatory minimum. Guridi v. State, 364 So. 2d 872 (Fla. 3d DCA 1978). On January 15, 1979, appellant was re-sentenced pursuant to our remand. Since then, appellant has by our count filed eighteen motions, petitions, or appeals in this court seeking collateral review of his conviction or sentence,1…

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