Hayes v. State

District Court of Appeal of Florida

Hayes v. State

362 So. 2d 1016, 1978 Fla. App. LEXIS 16664

CourtDistrict Court of Appeal of Florida

DecidedOctober 3, 1978

DocketNo. KK-98

StatusPublished

Cited by3 cases

This text of 362 So. 2d 1016 (Hayes 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.

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Hayes v. State, 362 So. 2d 1016, 1978 Fla. App. LEXIS 16664 (Fla. Ct. App. 1978).

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Opinion

PER CURIAM.

This appeal is from a summary denial of a motion to vacate or set aside a judgment and sentence. (Rule 3.850, Fla.R.Crim.P.) Appellant was convicted of robbery with a firearm. He contends that his sentence to life imprisonment is illegal because the statute (sections 812.13(2)(a) and 775.082(b), Florida Statutes (1977)), provides that the sentence be “a term of years not exceeding life imprisonment” and that such terminology does not permit a life sentence. We disagree. We interpret this statute to al[1017]*1017low the sentence to be either a term of years or life imprisonment.

AFFIRMED.

McCORD, C. J., and MILLS and BOYER, JJ., concur.

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PER CURIAM.

This appeal is from a summary denial of a motion to vacate or set aside a judgment and sentence. (Rule 3.850, Fla.R.Crim.P.) Appellant was convicted of robbery with a firearm. He contends that his sentence to life imprisonment is illegal because the statute (sections 812.13(2)(a) and 775.082(b), Florida Statutes (1977)), provides that the sentence be “a term of years not exceeding life imprisonment” and that such terminology does not permit a life sentence. We disagree. We interpret this statute to al[1017]*1017low the sentence to be either a term of years or life imprisonment.

AFFIRMED.

McCORD, C. J., and MILLS and BOYER, JJ., concur.

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362 So. 2d 1016, 1978 Fla. App. LEXIS 16664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hayes-v-state-fladistctapp-1978.

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