HENRY PAGE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Henry Page appeals an order denying a motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800. Defendant-appellant pled guilty to second degree murder, which is a first degree felony punishable by life imprisonment. § 782.04(2), Fla.Stat. (1977). The life sentence is legal.
Assuming, without deciding, that defendant’s claim relating to the Youthful Offender Act is cognizable under Rule 3.800, it has been held that the Youthful Offender Act does not apply to a defendant whose crime was committed prior to the Act’s effective date of October 1, 1978. Bradley v. State, 385 So. 2d 1122, 1123 (Fla. 1st DCA), review denied, 392 So. 2d 1372 (Fla.1980); Allen v. State, 383 So. 2d 674, 675 (Fla. 5th DCA 1980). Defendant’s crime was committed prior to October 1, 1978. Even if defendant were eligible for the Youthful Offender Act, defendant’s claim that Youthful Offender classification was mandatory in his case is incorrect. See State v. Goodson, 403 So. 2d 1337, 1339-40 (Fla.1981).
Affirmed.
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Bannister v. State, 844 So. 2d 767 (Fla. 3d DCA 2003)…nt is not entitled to any relief. The charge of second degree murder, to which the defendant pled guilty, is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life. § 782.04, Fla. Stat. (1979); Page v. State, 687 So. 2d 1357 (Fla. 3d DCA 1997). If enhanced for use of a weapon, see § 775.087(1), Fla. Stat. (1979), it becomes a life felony. State v. Whitehead, 472 So. 2d 730, 731 (Fla.1985). Under either analysis, life imprisonment is an authorized penalty for this crime.…
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Shaffer v. State, 710 So. 2d 79 (Fla. 4th DCA 1998)…to this case, held that armed burglary is a continuing offense, and double jeopardy bars the state from convicting and sentencing the defendant for two offenses involving a firearm that arise out of the same criminal episode. See also Ross v. State, 687 So. 2d 1357 (Fla. 3d DCA 1997). We, therefore, reverse Shaffer’s conviction for carrying a concealed firearm and remand for resentencing. As to all other aspects of the final judgment, we affirm. KLEIN and GROSS, JJ., concur.…
Authorities Cited
- State v. Goodson, 403 So. 2d 1337 (Fla. 1981)
- Allen v. State, 383 So. 2d 674 (Fla. 5th DCA 1980)
- Bradley v. State, 385 So. 2d 1122 (Fla. 1st DCA 1980)