Gassaway v. State

400 So. 2d 1324, 1981 Fla. App. LEXIS 27955
District Court of Appeal of Florida·Decided July 22, 1981·No. No. 80-2221·Published·Cited by 2 cases

Opinion

PER CURIAM.

Appellant’s conviction is affirmed but his sentence for attempted first degree murder is vacated and remanded for resentencing as attempts to commit a capital felony are sentenced as first degree felonies, which always carry a maximum sentence of thirty years absent a statutory provision authorizing life. See King v. State, 390 So.2d 315 (Fla.1980). Appellant need not be present at resentencing.

GRIMES, A.C.J., and OTT and DAN-AHY, JJ., concur.

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Gassaway v. State, 400 So. 2d 1324, 1981 Fla. App. LEXIS 27955 (Fla. Ct. App. 1981).

400 So. 2d 1324 (Gassaway v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Gassaway v. State
728 So. 2d 285 (District Court of Appeal of Florida, 1999)
Atkinson v. Fundaro
400 So. 2d 1324 (District Court of Appeal of Florida, 1981)