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Guridi v. State

District Court of Appeal of Florida, Third District
Dec 5, 1978
364 So. 2d 872 (Fla. Dist. Ct. App. 1978)

Opinion

No. 77-475.

December 5, 1978.

Appeal from Circuit Court, for Dade County; Richard S. Fuller, Judge.

Bennett H. Brummer, Public Defender, Warren S. Schwartz, Asst. Public Defender, and Andrew Rosen, Legal Intern, for appellant.

Robert L. Shevin, Atty. Gen., and Paul Mendelson, Asst. Atty. Gen., for appellee.

Before HENDRY, J., and CHARLES CARROLL (Ret.), and TYSON, ROBERT W., Jr., Associate Judges.


The defendant was convicted of second degree murder, a felony in the first degree. This conviction is affirmed. Nevertheless, the defendant was sentenced to life imprisonment under Section 775.082(1), Florida Statutes (1975): the penalty for a capital felony which mandates a twenty-five year minimum sentence. The defendant should have been sentenced under Section 775.082(3)(b), Florida Statutes (1975), which contains the proper sentences for felonies in the first degree. The sentence, here, was improper and contrary to the law. This court directs the trial court to correct the defendant's sentence in accordance with Sections 775.082(3)(b) and 782.04(2), Florida Statutes (1975), which will effectively delete the twenty-five year mandatory minimum sentence.

Affirmed.


Summaries of

Guridi v. State

District Court of Appeal of Florida, Third District
Dec 5, 1978
364 So. 2d 872 (Fla. Dist. Ct. App. 1978)
Case details for

Guridi v. State

Case Details

Full title:LUIS GURIDI, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Dec 5, 1978

Citations

364 So. 2d 872 (Fla. Dist. Ct. App. 1978)

Citing Cases

Guridi v. State

On direct appeal, we affirmed the conviction, but remanded for correction of the sentence by deleting the…