CHARLIE HAYES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CHARLIE HAYES, APPELLANT,
STATE OF FLORIDA, APPELLEE
362 So. 2d 1016
Florida District Court of Appeal, First District (1978)
Caution
Cited by 5 cases
Opinion of the Court
PER CURIAM.
This appeal is from a summary denial of a motion to vacate or set aside a judgment and sentence. (Rule 3.850, Fla.R.Crim.P.) Appellant was convicted of robbery with a firearm. He contends that his sentence to life imprisonment is illegal because the statute (sections 812.13(2)(a) and 775.082(b), Florida Statutes (1977)), provides that the sentence be “a term of years not exceeding life imprisonment” and that such terminology does not permit a life sentence. We disagree. We interpret this statute to al low the sentence to be either a term of years or life imprisonment.
AFFIRMED.
McCORD, C. J., and MILLS and BOYER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Tomlinson v. State, 589 So. 2d 362 (Fla. 2d DCA 1991)…er, a felony in the first degree “punishable by imprisonment for a term of years not exceeding life.” § 782.04(2), Fla. Stat. (1987). Section 782.04(2) contemplates a sentence of either a term of years or life imprisonment. See e.g., Hayes v. State, 362 So. 2d 1016 (Fla. 1st DCA 1978). Thus, pursuant to Duke and Ringel, Tom-linson’s second degree murder conviction, although a lesser included offense of first degree murder, never reached the trial court’s discretionary sentencing power for the reason that a sec…
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Merritt v. State, 555 So. 2d 934 (Fla. 3d DCA 1990)…PER CURIAM. Affirmed. Ringel v. State, 366 So. 2d 758 (Fla.1978), approving 352 So. 2d 88 (Fla. 4th DCA 1977); Hayes v. State, 362 So. 2d 1016 (Fla. 1st DCA 1978).…
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Dorcelus v. State (Fla. 4th DCA 2021)