EDDIE LEWIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
Eddie Lewis appeals from a judgment of conviction and sentence for first-degree felony murder, attempted robbery, and robbery. We affirm • the convictions but remand for resentencing of the first-degree murder only.
Section 782.04(1), Florida Statutes (1995), provides that first-degree murder is a capital felony, not a life felony, and is punishable by death or life in state prison without possibility of parole. The defendant’s twenty-five-year sentence of imprisonment for first-degree murder is therefore illegal. We vacate the defendant’s first-degree murder sentence and remand with instructions to resentence the defendant to life in prison without possibility of parole.
Affirmed in part, reversed and remanded in part.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (14 total)
-
Carnival Corp. v. Jimenez, 112 So. 3d 513 (Fla. 2d DCA 2013)…oe, 616 So. 2d 604, 605 (Fla. 2d DCA 1993) (stating that defense counsel’s remarks accusing the plaintiffs medical expert of perjury and accusing opposing counsel of unethically committing a fraud on the court would not be condoned); Lewis v. State, 780 So. 2d 125, 130 (Fla. 3d DCA 2001) (describing as the “most egregious” of several highly improper and impermissible comments made by a prosecutor as the one suggesting that defense counsel had “scripted” the defendant’s testimony); Hammond v. Mulligan, 667 So.…
-
Johnnides v. Amoco OIL Co., Inc., 778 So. 2d 443 (Fla. 3d DCA 2001)…t confuses the jury. ... Extensive citation of authority is unnecessary to demonstrate that baseless attacks of this kind upon the integrity of counsel, or any other player in the case, are both contemptible and condemnable.2 [*445] Lewis v. State, 780 So. 2d 125 (Fla. 3d DCA 2001); Wolcott v. State, 774 So. 2d 954 (Fla. 5th DCA 2001); Owens-Coming Fiberglas Corp. v. Crane, 688 So. 2d 552, 554 n. 2 (Fla. 3d DCA 1996); Cohen v. Pollack, 674 So. 2d 805, 806 n. 1 (Fla. 3d DCA 1996);3 Owens-Corning Fiberglas Cor…1 / 2
-
Rodriguez v. State, 906 So. 2d 1082 (Fla. 3d DCA 2004)…ng his motion for mistrial based upon the prosecutor’s closing argument that Detective Rodriguez had no motive to lie. The appellant asserts that this argument improperly bolstered this witness’s testimony on behalf of the State. See Lewis v. State, 780 So. 2d 125, 130 (Fla. 3d DCA 2001); Fryer v. State, 693 So. 2d 1046, 1047 (Fla. 3d DCA 1997); Buckner v. State, 689 So. 2d 1202, 1203 (Fla. 3d DCA 1997); Cisneros v. State, 678 So. 2d 888, 890 (Fla. 4th DCA 1996). The record, however, reflects that this argum…
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence