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802 So. 2d 1182

Gaines v. State

District Court of Appeal of Florida

Decided December 26, 2001

District Court of Appeal of Florida · decided 2001-12-26

Relies on Holman v. State

Decided 2001-12-26

PER CURIAM.

¶1In 1977, appellant Jerry P. Gaines was convicted and sentenced, pursuant to plea, to life imprisonment for second degree murder, with the added provision of hard labor. We affirm Gaines’s conviction and sentence for the first degree felony of second degree murder, but reverse for re-sentencing to eliminate the provision of “hard labor.” § 782.04(3), Fla. Stat. (2000); § 775.082(3)(b), Fla. Stat. (2000); Holman v. State, 740 So.2d 1258 (Fla. 3d DCA 1999).

¶2Affirmed in part, reversed in part.

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