Cox v. State

Sammie Lee COX, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided April 27, 1977.

Rehearing Denied May 20, 1977.

District Court of Appeal of Florida · decided 1977-04-27

Good law ✅— No negative treatment on recordhow we know

Decided 1977-04-27

How this case has been cited

Cited by 6 later decisions — most recently December 2014

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1 *1325 James R. Birkhold, Florida Legal Services, Inc., Gainesville, for appellant.

¶2Robert L. Shevin, Atty. Gen., Tallahassee, and Mary Jo M. Gallay, Asst. Atty. Gen., Tampa, for appellee.

¶3OTT, Judge.

¶4Appellant was convicted of sexual battery and received an indeterminate sentence of three to ten years. Upon appellant's motion to correct sentence, the sentencing judge deleted the three year portion of the sentence and gave appellant a determinate sentence of ten years.

¶5Having determined to give the appellant an "indeterminate sentence" the only lawful sentence allowable under Section 921.18, Florida Statutes was one requiring a minimum of 6 months. We therefore affirm the judgment of conviction but remand for the entry of an indeterminate sentence of six months to ten years.

¶6GRIMES, A.C.J., and SCHEB, J., concur.