Gresham v. State

Appellant after jury trial was convicted of sexual battery, a capital felony, in violation of section 794.011(2), Florida Statutes (1985). He was sentenced to life in state prison with at least twenty-five years’ incarceration before becoming eligible for parole. § 775.082(2), Fla.Stat. (1985).

Appellant contends that because the offense was committed on April 17, 1985, he will never be eligible for parole due to the passage by the legislature of section 921.-001(8), Florida Statutes (1985), which became effective October 1, 1983. He is mistaken. Section 921.001(4)(a) provides in pertinent…