Gresham v. State

District Court of Appeal of Florida

Gresham v. State

506 So. 2d 41, 12 Fla. L. Weekly 1097, 1987 Fla. App. LEXIS 7911

CourtDistrict Court of Appeal of Florida

DecidedApril 22, 1987

DocketNo. 86-60

StatusPublished

Cited by3 cases

This text of 506 So. 2d 41 (Gresham 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

Gresham v. State, 506 So. 2d 41, 12 Fla. L. Weekly 1097, 1987 Fla. App. LEXIS 7911 (Fla. Ct. App. 1987).

Pincite

Opinion

PER CURIAM.

Appellant after jury trial was convicted of sexual battery, a capital felony, in violation of section 794.011(2), Florida Statutes (1985). He was sentenced to life in state prison with at least twenty-five years’ incarceration before becoming eligible for parole. § 775.082(2), Fla.Stat. (1985).

Appellant contends that because the offense was committed on April 17, 1985, he will never be eligible for parole due to the passage by the legislature of section 921.-001(8), Florida Statutes (1985), which became effective October 1, 1983. He is mistaken. Section 921.001(4)(a) provides in pertinent part that “the guidelines shall be applied to all felonies, except capital felonies, committed on or after October 1, 1983.” (Emphasis added).

In conclusion, we hold that appellant’s sentence is not a guidelines sentence. See § 921.001(4)(a). Therefore, he is eligible for parole after the expiration of twenty-five years.

Affirmed.

FRANK, A.C.J., SANDERLIN, J., and BOARDMAN, EDWARD F., (Retired), J., concur.

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