Florida District Courts of Appeal, 1998

Tullis v. State

Florida District Courts of Appeal · Decided July 31, 1998 · Casanueva, Frank, Threadgill

779 So. 2d 278; 1998 WL 428806 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Turner v. State (Fla. Dist. Ct. App. 2004)

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Opinion of the Court

THREADGILL, Judge.

The appellant entered a non-negotiated plea of guilty to the charge of robbery with a weapon, a first-degree felony. Pursuant to section 775.084(4)(c)l., Florida Statutes (1995), the trial court sentenced the appellant as a violent career criminal to life in prison with a mandatory minimum term of thirty years. The statute, however, does not provide for a mandatory minimum term in the case of a first-degree felony. We therefore strike the mandatory minimum term imposed. We affirm the judgment and life sentence in all other respects.

Affirmed; mandatory minimum stricken.

FRANK, A.C.J., and CASANUEVA, J., concur.

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