Gassaway v. State

Florida District Courts of Appeal
Gassaway v. State, 400 So. 2d 1324 (1981)
1981 Fla. App. LEXIS 27955
Ahy, Dan, Grimes, Ott

Gassaway v. State

Opinion of the Court

PER CURIAM.

Appellant’s conviction is affirmed but his sentence for attempted first degree murder is vacated and remanded for resentencing as attempts to commit a capital felony are sentenced as first degree felonies, which always carry a maximum sentence of thirty years absent a statutory provision authorizing life. See King v. State, 390 So.2d 315 (Fla. 1980). Appellant need not be present at resentencing.

GRIMES, A.C.J., and OTT and DAN-AHY, JJ., concur.

Reference

Full Case Name
Michael Ray GASSAWAY v. STATE of Florida
Cited By
2 cases
Status
Published