Opinion
Nos. 3D98-2160, 3D98-2039
Opinion filed May 10, 2000
An appeal from the Circuit Court of Dade County, Ronald M. Friedman, Judge, L.T. No. 96-27519.
Bennett H. Brummer, Public Defender, and Maria E. Lauredo and Robert Kalter, Assistant Public Defenders, for appellant.
Robert A. Butterworth, Attorney General, and Paulette R. Taylor, Assistant Attorney General, for appellee.
Before JORGENSON, LEVY, and FLETCHER, JJ.
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.