Walker v. State

ERVIN, Justice:

We consider here petition for writ of cer-tiorari to the District Court of Appeal, Third District, which certified question of great public interest as to the correctness of its decision in Walker v. State (Fla.App.1973) 284 So.2d 448.

Petitioner Walker pled not guilty to first degree murder of his wife. He was tried by jury, found guilty and sentenced to life imprisonment pursuant to § 775.-082(2), Florida Statutes F.S.A. No pre-sentence hearing was held pursuant to the rules because the statute made a life sentence mandatory.

On appeal the District Court affirmed and certified…