Florida District Courts of Appeal, 2001

Gaines v. State

Gaines v. State
Florida District Courts of Appeal · Decided December 26, 2001 · Fletcher, Goderich, Jorgenson
802 So. 2d 1182; 2001 Fla. App. LEXIS 18261; 2001 WL 1647340 (Southern Reporter, Second Series)

Gaines v. State

Opinion of the Court

PER CURIAM.

In 1977, appellant Jerry P. Gaines was convicted and sentenced, pursuant to plea, to life imprisonment for second degree murder, with the added provision of hard labor. We affirm Gaines’s conviction and sentence for the first degree felony of second degree murder, but reverse for re-sentencing to eliminate the provision of “hard labor.” § 782.04(3), Fla. Stat. (2000); § 775.082(3)(b), Fla. Stat. (2000); Holman v. State, 740 So.2d 1258 (Fla. 3d DCA 1999).

Affirmed in part, reversed in part.

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