Gassaway v. State
Gassaway v. State
400 So. 2d 1324; 1981 Fla. App. LEXIS 27955
(Southern Reporter, Second Series)
Cases that cite this one
2 later published cases cite this decision.
- Gassaway v. State (Fla. Dist. Ct. App. 1999)
- Atkinson v. Fundaro (Fla. Dist. Ct. App. 1981)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.