Legal Opinion

Sumner v. State

District Court of Appeal of Florida

Decided May 17, 1995No. 93-04041PublishedCited by 1 opinion

1Opinion of the Court

DANAHY, Acting Chief Judge.

The appellant was convicted of a life felony and sentenced to twenty-two years in prison followed by twenty-five years’ probation. The appellant claims that this sentence is improper under section 775.082(3)(a), Florida Statutes (1993). We agree. See Wilson v. State, 622 So.2d 529 (Fla. 2d DCA 1993); Turner v. State, 623 So.2d 1220 (Fla. 5th DCA 1993).

Accordingly, we reverse the appellant’s sentence and remand for resentencing. We point out to the trial court that it may achieve the same punishment goal by sentencing the appellant to life incarceration, suspended…

2Cases cited2 opinions

  1. Wilson v. StateDistrict Court of Appeal of Florida · 1993
  2. Turner v. StateDistrict Court of Appeal of Florida · 1993

3Cited by1 opinion

  1. Kellar v. StateDistrict Court of Appeal of Florida · 1998

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