Lemley v. State

District Court of Appeal of Florida

Lemley v. State

362 So. 2d 691, 1978 Fla. App. LEXIS 16361

CourtDistrict Court of Appeal of Florida

DecidedSeptember 20, 1978

DocketNo. 77-246

StatusPublished

Cited by3 cases

This text of 362 So. 2d 691 (Lemley 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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Lemley v. State, 362 So. 2d 691, 1978 Fla. App. LEXIS 16361 (Fla. Ct. App. 1978).

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Opinion

PER CURIAM.

Appellant presents three points for our consideration on this appeal. However, after considering the briefs and record in the cause we find only one has merit. The judgment and sentence entered by the trial court adjudicated the appellant guilty of murder in the second degree and sentenced appellant to the custody of the Division of Corrections “to be imprisoned at hard labor for the rest of his natural life.” Appellant contends that the court failed to give him credit for time served and that it was improper for the trial court to direct that he be imprisoned at hard labor. The appellant is correct on both counts and, accordingly, the judgment and sentence appealed from is reversed and the cause is remanded to the trial court with directions to enter a new judgment and sentence giving appellant credit for time which he served in jail prior to sentencing and eliminating therefrom any direction that he be imprisoned at hard labor. McKnight v. State, 325 So.2d 79 (Fla. 4th DCA 1976). In all other respects the judgment and sentence are affirmed.

DOWNEY, C. J., and LETTS and MOORE, JJ., concur.

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PER CURIAM.

Appellant presents three points for our consideration on this appeal. However, after considering the briefs and record in the cause we find only one has merit. The judgment and sentence entered by the trial court adjudicated the appellant guilty of murder in the second degree and sentenced appellant to the custody of the Division of Corrections “to be imprisoned at hard labor for the rest of his natural life.” Appellant contends that the court failed to give him credit for time served and that it was improper for the trial court to direct that he be imprisoned at hard labor. The appellant is correct on both counts and, accordingly, the judgment and sentence appealed from is reversed and the cause is remanded to the trial court with directions to enter a new judgment and sentence giving appellant credit for time which he served in jail prior to sentencing and eliminating therefrom any direction that he be imprisoned at hard labor. McKnight v. State, 325 So.2d 79 (Fla. 4th DCA 1976). In all other respects the judgment and sentence are affirmed.

DOWNEY, C. J., and LETTS and MOORE, JJ., concur.

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362 So. 2d 691, 1978 Fla. App. LEXIS 16361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lemley-v-state-fladistctapp-1978.

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