Jenkins v. State

This is an appeal from an order denying appellant’s motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse and remand for resentencing for reasons which follow.

*428Appellant was convicted of first degree murder and sentenced to life in prison. Section 775.082(1), Florida Statutes (1977) provided that:

A person who has been convicted of a capital felony shall be punished by life imprisonment and shall be required to serve no less than 25 years before becoming eligible for parole unless the proceeding held to determine sentence ... results in…