Guridi v. State

District Court of Appeal of Florida

Guridi v. State

364 So. 2d 872, 1978 Fla. App. LEXIS 17084

CourtDistrict Court of Appeal of Florida

DecidedDecember 5, 1978

DocketNo. 77-475

StatusPublished

Cited by1 cases

This text of 364 So. 2d 872 (Guridi 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

Guridi v. State, 364 So. 2d 872, 1978 Fla. App. LEXIS 17084 (Fla. Ct. App. 1978).

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Opinion

PER CURIAM.

The defendant was convicted of second degree murder, a felony in the first degree. This conviction is affirmed. Nevertheless, the defendant was sentenced to life imprisonment under Section 775.082(1), Florida Statutes (1975): the penalty for a capital felony which mandates a twenty-five year minimum sentence. The defendant should have been sentenced under Section 775.-082(3)(b), Florida Statutes (1975), which contains the proper sentences for felonies in the first degree. The sentence, here, was improper and contrary to the law. This court directs the trial court to correct the defendant’s sentence in accordance with Sections 775.082(3)(b) and 782.04(2), Florida Statutes (1975), which will effectively delete the twenty-five year mandatory minimum sentence.

Affirmed.

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PER CURIAM.

The defendant was convicted of second degree murder, a felony in the first degree. This conviction is affirmed. Nevertheless, the defendant was sentenced to life imprisonment under Section 775.082(1), Florida Statutes (1975): the penalty for a capital felony which mandates a twenty-five year minimum sentence. The defendant should have been sentenced under Section 775.-082(3)(b), Florida Statutes (1975), which contains the proper sentences for felonies in the first degree. The sentence, here, was improper and contrary to the law. This court directs the trial court to correct the defendant’s sentence in accordance with Sections 775.082(3)(b) and 782.04(2), Florida Statutes (1975), which will effectively delete the twenty-five year mandatory minimum sentence.

Affirmed.

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Bluebook (online)

364 So. 2d 872, 1978 Fla. App. LEXIS 17084, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guridi-v-state-fladistctapp-1978.

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