State v. Puckett

BOYER, Chief Judge.

Appellee was charged by indictment with and found guilty by a jury of first degree murder. The trial court denied her motion for judgment of acquittal and for new trial. The court thereupon sentenced appellee to life imprisonment, after having adjudicated her guilty of second degree murder. The State’s motion for rehearing regarding the sentence was denied. Believing that the sentence imposed was illegal, the State appealed. See Section 924.07(5), Florida Statutes (1975).

Initially, appellee argues that the sentence (life imprisonment), being proper for both first and second…