Semidey v. State

District Court of Appeal of Florida

Semidey v. State

692 So. 2d 1007, 1997 Fla. App. LEXIS 4937, 1997 WL 228591

CourtDistrict Court of Appeal of Florida

DecidedMay 7, 1997

DocketNo. 96-0758

StatusPublished

This text of 692 So. 2d 1007 (Semidey 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

Semidey v. State, 692 So. 2d 1007, 1997 Fla. App. LEXIS 4937, 1997 WL 228591 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

We affirm the conviction of appellant for first degree murder. However, we remand [1008]*1008to the trial court to correct the sentence to delete the twenty-five year mandatory minimum. This provision was removed from the statutory penalty in the 1994 amendment to section 775.082(1), Florida Statutes (1995), which eliminated parole eligibility. The trial court correctly pronounced the sentence as life without parole. Thus, the “check off’ of the twenty-five year mandatory minimum is merely a scrivener’s error.

STONE, WARNER and SHAHOOD, JJ., concur.

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PER CURIAM.

We affirm the conviction of appellant for first degree murder. However, we remand [1008]*1008to the trial court to correct the sentence to delete the twenty-five year mandatory minimum. This provision was removed from the statutory penalty in the 1994 amendment to section 775.082(1), Florida Statutes (1995), which eliminated parole eligibility. The trial court correctly pronounced the sentence as life without parole. Thus, the “check off’ of the twenty-five year mandatory minimum is merely a scrivener’s error.

STONE, WARNER and SHAHOOD, JJ., concur.

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Bluebook (online)

692 So. 2d 1007, 1997 Fla. App. LEXIS 4937, 1997 WL 228591, Counsel Stack Legal Research, https://law.counselstack.com/opinion/semidey-v-state-fladistctapp-1997.