Florida District Courts of Appeal, 2000

Lewis v. State

Lewis v. State
Florida District Courts of Appeal · Decided May 10, 2000 · Fletcher, Jorgenson, Levy
780 So. 2d 125; 2000 Fla. App. LEXIS 5530 (Southern Reporter, Second Series)
Lewis v. State

Cases that cite this one

2 later published cases cite this decision.

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

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.