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362 So. 2d 1016

Hayes v. State

District Court of Appeal of Florida

Decided October 3, 1978

District Court of Appeal of Florida · decided 1978-10-03

Cited by 2 later decisions — most recently November 1991

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1978-10-03

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PER CURIAM.

¶1This appeal is from a summary denial of a motion to vacate or set aside a judgment and sentence. (Rule 3.850, Fla.R.Crim.P.) Appellant was convicted of robbery with a firearm. He contends that his sentence to life imprisonment is illegal because the statute (sections 812.13(2)(a) and 775.082(b), Florida Statutes (1977)), provides that the sentence be “a term of years not exceeding life imprisonment” and that such terminology does not permit a life sentence. We disagree. We interpret this statute to al*1017low the sentence to be either a term of years or life imprisonment.

¶2AFFIRMED.

McCORD, C. J., and MILLS and BOYER, JJ., concur.
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