Gaines v. State

802 So. 2d 1182, 2001 Fla. App. LEXIS 18261, 2001 WL 1647340
Procedural entryThis page is a short order in Gaines v. State. Read the opinion of the Court — 2001 Fla. App. LEXIS 17191
District Court of Appeal of Florida·Decided December 26, 2001·No. No. 3D01-2352·Published

Opinion

PER CURIAM.

In 1977, appellant Jerry P. Gaines was convicted and sentenced, pursuant to plea, to life imprisonment for second degree murder, with the added provision of hard labor. We affirm Gaines’s conviction and sentence for the first degree felony of second degree murder, but reverse for re-sentencing to eliminate the provision of “hard labor.” § 782.04(3), Fla. Stat. (2000); § 775.082(3)(b), Fla. Stat. (2000); Holman v. State, 740 So.2d 1258 (Fla. 3d DCA 1999).

Affirmed in part, reversed in part.

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Gaines v. State, 802 So. 2d 1182, 2001 Fla. App. LEXIS 18261, 2001 WL 1647340 (Fla. Ct. App. 2001).

802 So. 2d 1182 (Gaines v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Holman v. State
740 So. 2d 1258 (District Court of Appeal of Florida, 1999)