Alvarez v. State

District Court of Appeal of Florida

Decided August 12, 1977

District Court of Appeal of Florida · decided 1977-08-12

Cited by 3 later decisions — most recently April 1978

3 state decisions

Key passage — most relied on by later courts

“Is a sentence of imprisonment for a term of years greater than the life expectancy of the sentenced person lawful under Section 813.011, Florida Statutes (1973), and Section 812.13, Florida Statutes (1975)?”

quoted by 1 later decision, including 358 So. 2d 10 - Alvarez v. State

Relies on 306 So. 2d 561 - Lawrence v. State · 338 So. 2d 1107 - Battle v. State · 306 So. 2d 141 - Harper v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1977-08-12

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PER CURIAM.

¶1Affirmed on the. authority of Harper v. State, 306 So.2d 141 (Fla. 4th DCA 1975); Holley v. State, 306 So.2d 561 (Fla. 4th DCA 1975), and Battle v. State, 338 So.2d 1107 (Fla.3d DCA 1976).

¶2The following determinative question passed on in this case, as indicated in the special concurrence, is certified to the Supreme Court of Florida.as being of great public interest:

¶3IS A SENTENCE OF IMPRISONMENT FOR A TERM OF YEARS GREATER THAN THE LIFE EXPECTANCY OF THE SENTENCED PERSON LAWFUL UNDER SECTION 813.011, FLORIDA STATUTES (1973) AND SECTION 812.13, FLORIDA STATUTES (1975)?

¶4AFFIRMED.

ALDERMAN, C. J., and MAGER, J., concur.DAUKSCH, J., concurs specially, with opinion.