Buth v. State
Buth v. State
800 So. 2d 344; 2001 Fla. App. LEXIS 16643; 2001 WL 1495582
(Southern Reporter, Second Series)
Buth v. State
Opinion of the Court
We reverse and remand as to the State of Florida’s cross-appeal for the trial court to sentence appellant as a prison releasee reoffender.
DOES SECTION 775.082(9)(a)(3)(a), FLORIDA STATUTES (1999), WHICH MANDATES A LIFE SENTENCE FOR PRISON RELEASEE REOF-FENDERS WHO COMMIT “A FELONY PUNISHABLE BY LIFE,” APPLY BOTH TO LIFE FELONIES AND FIRST DEGREE FELONIES PUN*345 ISHABLE BY IMPRISONMENT FOR A TERM OF YEARS NOT EXCEEDING LIFE?
REVERSED and REMANDED for further proceedings.
. Appellant's direct appeal was voluntarily dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.