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

PER CURIAM.

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