Florida District Courts of Appeal, 1981

Gassaway v. State

Gassaway v. State
Florida District Courts of Appeal · Decided July 22, 1981 · Ahy, Dan, Grimes, Ott
400 So. 2d 1324; 1981 Fla. App. LEXIS 27955 (Southern Reporter, Second Series)

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.

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