CHRISTOPHER WHITEHEAD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1991-08-01
No. 90-2094
GOSHORN, C.J., and COWART and HARRIS, JJ., concur.
583 So. 2d 418 Florida District Court of Appeal, Fifth District (1991) Positive Treatment
Cited by 4 cases
Topics
Life Imprisonment Minimum Mandatory Term Split Sentence Capital Sentencing

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The defendant was convicted of first degree murder, a capital felony, and sentenced to life imprisonment with a twenty-five year mandatory minimum term, to be followed by life probation. The defendant appeals, arguing that his split sentence is illegal for exceeding the statutory maximum.

Section 775.082(1), Florida Statutes (1989), states that if the death penalty is not imposed, a person convicted of a capital felony shall be punished by life imprisonment and shall be required to serve no less than twenty-five years before becoming eligible for parole. Therefore, the split sentence imposed in this case of life imprisonment followed by life probation exceeds the statutory maximum for a capital felony not involving the death penalty. See Dirk v. State, 478 So. 2d 1190 (Fla. 5th DCA 1985) (where imprisonment for life is the statutory maximum punishment, defendant’s sentence of life imprisonment followed by twenty years probation exceeds the statutory maximum).

The probation term is stricken from the sentence which is affirmed as thus amended.

SENTENCE AMENDED AND AFFIRMED.

GOSHORN, C.J., and COWART and HARRIS, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Darrel Wilson v. State, 630 So. 2d 1186 (Fla. 5th DCA 1994)
    …prison sentence. This sentence is error. Life probation may not follow a sentence of life imprisonment for capital sexual battery. The only sentence that can be imposed is life imprisonment with a minimum mandatory 25 years. See Whitehead v. State, 583 So. 2d 418 (Fla. 5th DCA 1991). The judgment is affirmed, but the sentence is modified to delete the life probation. AFFIRMED as modified. GOSHORN and DIAMANTIS, JJ., concur.…
  • Mallon v. State, 626 So. 2d 1125 (Fla. 5th DCA 1993)
    …PER CURIAM. Eric Mallon appeals his sentence of life imprisonment with a minimum mandatory 25 years followed by 20 years’ probation. The State correctly concedes the probationary portion of Mallon’s sentence is error. Whitehead v. State, 583 So. 2d 418 (Fla. 5th DCA 1991); Dirk v. State, 478 So. 2d 1190 (Fla. 5th DCA 1985). Accordingly, Mallon’s sentence is corrected to delete the 20 year term of probation. Conviction AFFIRMED, Sentence as amended AFFIRMED. DAUKSCH, GOSHORN and PETERSON, JJ.,…

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