Legal Opinion

Moore v. State

District Court of Appeal of Florida

Decided May 18, 2005No. 3D04-1267Published

1Opinion of the CourtShepherd, J.

Jerry Dean Moore appeals an order summarily denying his motion to correct illegal sentence. We reverse.

Moore was convicted of first-degree murder and attempted robbery. Moore committed the crimes in 1979. On the first-degree murder conviction, the court sentenced Moore to 125 years in prison and retained jurisdiction for one-third of the sentence. In 2001, Moore filed a Florida Rule of Criminal Procedure 3.800(a) motion, contending that his sentence was illegal because the only permissible sentence for first-degree murder was life with a twenty-five-year minimum mandatory term before…

2Cases cited12 opinions

  1. Carter v. StateSupreme Court of Florida · 2001
  2. Buford v. StateSupreme Court of Florida · 1981
  3. Downs v. StateSupreme Court of Florida · 1993
  4. MacIas v. StateDistrict Court of Appeal of Florida · 1993
  5. Wright v. StateDistrict Court of Appeal of Florida · 2003

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