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370 So. 2d 73

Miller v. State

District Court of Appeal of Florida · decided 1979-04-25

Cited by 2 later decisions — most recently July 1985

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1979-04-25

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PER CURIAM.

¶1The judgment appealed is affirmed, but this case is remanded for resentencing of appellant.

¶2Appellant pled nolo contendere to the charge of robbery with a weapon and was given a life sentence. This sentence is excessive. Robbery with a weapon is a first degree felony, § 812.13(2)(b), Fla.Stat. (1977), punishable by a maximum sentence of 30 years. § 775.082(3)(b), Fla.Stat. (1977). The information did not allege the use of a firearm or deadly weapon, which would have made a life sentence permissible under Section 812.13(2)(a), Florida Statutes (1977).

¶3The cause is therefore remanded with instructions to reduce appellant’s sentence to 30 years. Appellant need not be present for this purpose.

GRIMES, C. J., and HOBSON and SCHEB, JJ., concur.
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