Edwards v. State

District Court of Appeal of Florida

Edwards v. State

593 So. 2d 326, 1992 Fla. App. LEXIS 1480, 1992 WL 29020

CourtDistrict Court of Appeal of Florida

DecidedFebruary 21, 1992

DocketNo. 91-1040

StatusPublished

This text of 593 So. 2d 326 (Edwards v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Edwards v. State, 593 So. 2d 326, 1992 Fla. App. LEXIS 1480, 1992 WL 29020 (Fla. Ct. App. 1992).

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Opinion

GRIFFIN, Judge.

We affirm the judgment, but on the state’s cross-appeal we remand for correction of appellant’s sentence. Appellant was convicted of one count of capital sexual battery punishable as provided in section 775.082, Florida Statutes (1989). The trial court sentenced defendant to twenty-five years incarceration and checked the “CAPITAL OFFENSE — 25 year mandatory minimum” box on the sentencing form. Appellant should have been sentenced to life imprisonment with a twenty-five year minimum mandatory term.

JUDGMENT AFFIRMED; SENTENCE VACATED; REMANDED.

GOSHORN, C.J., and COBB, J., concur.

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GRIFFIN, Judge.

We affirm the judgment, but on the state’s cross-appeal we remand for correction of appellant’s sentence. Appellant was convicted of one count of capital sexual battery punishable as provided in section 775.082, Florida Statutes (1989). The trial court sentenced defendant to twenty-five years incarceration and checked the “CAPITAL OFFENSE — 25 year mandatory minimum” box on the sentencing form. Appellant should have been sentenced to life imprisonment with a twenty-five year minimum mandatory term.

JUDGMENT AFFIRMED; SENTENCE VACATED; REMANDED.

GOSHORN, C.J., and COBB, J., concur.

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Bluebook (online)

593 So. 2d 326, 1992 Fla. App. LEXIS 1480, 1992 WL 29020, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edwards-v-state-fladistctapp-1992.