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780 So. 2d 125

Lewis v. State

District Court of Appeal of Florida · decided 2000-05-10

Cited by 15 later decisions — most recently July 2018

15 state decisions

Key passage — most relied on by later courts

“Section 782.04(1), Florida Statutes (1995), provides that first-degree murder is a capital felony....”

quoted by 1 later decision, including 853 So. 2d 546 - Hall v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2000-05-10

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PER CURIAM.

¶1Eddie Lewis appeals from a judgment of conviction and sentence for first-degree felony murder, attempted robbery, and robbery. We affirm • the convictions but remand for resentencing of the first-degree murder only.

¶2Section 782.04(1), Florida Statutes (1995), provides that first-degree murder is a capital felony, not a life felony, and is punishable by death or life in state prison without possibility of parole. The defendant’s twenty-five-year sentence of imprisonment for first-degree murder is therefore illegal. We vacate the defendant’s first-degree murder sentence and remand with instructions to resentence the defendant to life in prison without possibility of parole.

¶3Affirmed in part, reversed and remanded in part.

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