DANNY BYRON MILLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DANNY BYRON MILLER, APPELLANT,
STATE OF FLORIDA, APPELLEE
370 So. 2d 73
Florida District Court of Appeal, Second District (1979)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The judgment appealed is affirmed, but this case is remanded for resentencing of appellant.
Appellant pled nolo contendere to the charge of robbery with a weapon and was given a life sentence. This sentence is excessive. Robbery with a weapon is a first degree felony, § 812.13(2)(b), Fla.Stat. (1977), punishable by a maximum sentence of 30 years. § 775.082(3)(b), Fla.Stat. (1977). The information did not allege the use of a firearm or deadly weapon, which would have made a life sentence permissible under Section 812.13(2)(a), Florida Statutes (1977).
The cause is therefore remanded with instructions to reduce appellant’s sentence to 30 years. Appellant need not be present for this purpose.
GRIMES, C. J., and HOBSON and SCHEB, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sanders v. State, 400 So. 2d 1015 (Fla. 2d DCA 1981)…y years. § 775.082(3)(b), Fla.Stat. (1979). The information for this robbery did not allege the use of a firearm or deadly weapon, which would have made a life sentence permissible under section 812.13(2Xa), Florida Statutes (1979). Miller v. State, 370 So. 2d 73 (Fla.2d DCA 1979). [*1016] Also the sentencing order stated that “Judge Coe retains jurisdiction for one third of sentence” pursuant to section 947.-16(3), Florida Statutes (1979). However, this statute requires the trial judge to state with individ…
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Clemon v. State, 473 So. 2d 271 (Fla. 3d DCA 1985)…e by a maximum term of thirty years imprisonment. § 775.082(3)(b), Fla. Stat. (1981). A life sentence is proper only upon a finding that the perpetrator of the robbery carried a deadly weapon in the course of committing the robbery. Miller v. State, 370 So. 2d 73 (Fla. 2d DCA 1979); Chapola v. State, 347 So. 2d 762 (Fla. 1st DCA 1977); § 812.13(2)(a), Fla.Stat. (1981); see Sanders v. State, 386 So. 2d 256 (Fla. 2d DCA 1980). In this case, neither the information nor the jury verdict referred to a deadly weap…