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358 So. 2d 550

Payne v. State

Supreme Court of Florida

Decided April 27, 1978

Supreme Court of Florida · decided 1978-04-27

Relies on 358 So. 2d 10 - Alvarez v. State · Alvarez v. State · Payne v. State

Decided 1978-04-27

PER CURIAM.

¶1The District Court of Appeal, Fourth District, has certified its decision in this case1 for consideration of the same question which was posed in Alvarez v. State, 349 So.2d 688 (Fla. 4th DCA 1977), that is whether a sentence of imprisonment for a term of years greater than the life expectancy of the sentenced person is lawful under Section 813.011, Florida Statutes (1973), and Section 812.13, Florida Statutes (1975, 1977). In the Alvarezopinion, we answered this question in the affirmative. Alvarez v. State, 358 So.2d 10 (Fla.1978), opinion filed April 4, 1978.

¶2Accordingly, the decision of the District Court of Appeal, Fourth District, in the instant case which found lawful a sentence of one hundred one (101) years imprisonment for robbery pursuant to Section 812.-13, Florida Statutes (1977), is approved.

¶3It is so ordered.

OVERTON, C. J., and ADKINS, SUND-BERG and HATCHETT, JJ., concur.ENGLAND, J., dissents.

¶4. Payne v. State, 356 So.2d 10 (Fla. 4th DCA 1977).

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