Whitehead v. State

The defendant was convicted of first degree murder, a capital felony, and sentenced to life imprisonment with a twenty-five year mandatory minimum term, to be followed by life probation. The defendant appeals, arguing that his split sentence is illegal for exceeding the statutory maximum.

Section 775.082(1), Florida Statutes (1989), states that if the death penalty is not imposed, a person convicted of a capital felony shall be punished by life imprisonment and shall be required to serve no less than twenty-five years before becoming eligible for parole. Therefore, the split sentence imposed…