Lewis v. State
Florida District Courts of Appeal
Lewis v. State, 780 So. 2d 125 (2000)
2000 Fla. App. LEXIS 5530
Fletcher, Jorgenson, Levy
Lewis v. State
Opinion of the Court
Eddie Lewis appeals from a judgment of conviction and sentence for first-degree felony murder, attempted robbery, and robbery. We affirm • the convictions but remand for resentencing of the first-degree murder only.
Section 782.04(1), Florida Statutes (1995), provides that first-degree murder is a capital felony, not a life felony, and is punishable by death or life in state prison without possibility of parole. The defendant’s twenty-five-year sentence of imprisonment for first-degree murder is therefore illegal. We vacate the defendant’s first-degree murder sentence and remand with instructions to resentence the defendant to life in prison without possibility of parole.
Affirmed in part, reversed and remanded in part.
Reference
- Full Case Name
- Eddie LEWIS v. The STATE of Florida
- Cited By
- 2 cases
- Status
- Published