Gassaway v. State

District Court of Appeal of Florida

Gassaway v. State

400 So. 2d 1324, 1981 Fla. App. LEXIS 27955

CourtDistrict Court of Appeal of Florida

DecidedJuly 22, 1981

DocketNo. 80-2221

StatusPublished

Cited by2 cases

This text of 400 So. 2d 1324 (Gassaway 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

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

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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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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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Bluebook (online)

400 So. 2d 1324, 1981 Fla. App. LEXIS 27955, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gassaway-v-state-fladistctapp-1981.

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