EARL ENMUND, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. | 1983-10-20
No. 48525
ALDERMAN, C.J., and ADKINS, BOYD, OVERTON, MCDONALD, EHRLICH and SHAW, JJ., concur.
439 So. 2d 1383 Florida Supreme Court (1983) Negative Treatment
Cited by 17 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

This case is before us on remand from the United States Supreme Court following its decision on certiorari review of our earlier judgment in this case, reported as Enmund v. State, 399 So. 2d 1362 (Fla.1981). The Supreme Court reversed our judgment insofar as it affirmed appellant’s sentences of death for two convictions of felony murder. Enmund v. Florida, 458 U.S. 782, 102 S.Ct. 3368, 73 L.Ed.2d 1140 (1982). In accordance with the Supreme Court’s decision, therefore, we vacate appellant’s sentences of death. This case is remanded to the circuit court with directions to impose, for each of the two first-degree murder convictions, a sentence of life imprisonment without eligibility for parole for twenty-five years. §§ 782.04(1), 775.082(1), & 921.141, Fla.Stat. (1975). The sentencing court shall have the discretion to decide whether the two sentences of life imprisonment are to be served concurrently or consecutively.

It is so ordered.

ALDERMAN, C.J., and ADKINS, BOYD, OVERTON, MCDONALD, EHRLICH and SHAW, JJ., concur.


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Citator

Cited By (17 total)

  • …e Insurance Co. v. Kuhn, 374 So. 2d 1079 (Fla. 3d DCA 1979), cert. denied, 383 So. 2d 1197 (Fla.1980). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We have resolved this conflict in our decision in New Hampshire Insurance Group v. Harbach, 439 So. 2d 1383 (Fla. 1983). For the reasons expressed in that decision, we quash that part of the district court’s decision in the instant case which reversed the final summary judgment finding that Prudential did not afford uninsured motorist coverage to responde…
  • State v. Enmund, 476 So. 2d 165 (Fla. 1985)
    …, but the United States Supreme Court reversed his death sentences. Enmund v. Florida, 458 U.S. 782, 102 S.Ct. 3368, 73 L.Ed.2d 1140 (1982). On remand we vacated the death sentences and directed the trial court to resentence Enmund. Enmund v. State, 439 So. 2d 1383 (Fla.1983). At resentencing the trial court granted Enmund’s motion to vacate the life sen [*167] tence for the robbery conviction and sentenced him to life imprisonment with no eligibility for parole for twenty-five years for each of the homicides…
  • Nationwide Mut. Fire Ins. Co. v. Kauffman, 495 So. 2d 1184 (Fla. 4th DCA 1986)
    …if such vehicle was not an insured automobile. Subsequently, based upon the fact that the underlying statute had been amended, the supreme court changed its position with reference to a similar exclusion in New Hampshire Insurance Group v. Harbach, 439 So. 2d 1383 (Fla.1983). Coming full circle, the 1976 version of section 627.4132, Florida Statutes, which furnished the underpinnings for the Har-bach opinion, was amended in 1980 to delete reference to uninsured motorist coverage. The third district, in an op…

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