Legal Opinion · Concurrence

Alvarez v. State

District Court of Appeal of Florida

Decided August 12, 1977No. 76-2236Published

1ConcurrenceDauksch, Judge

In Harper v. State, 306 So.2d 141 (Fla. 4th DCA 1975), and Holley v. State, 306 So.2d 561 (Fla. 4th DCA 1975), this court in per curiam affirmances, Judge Owen dissenting, held that sentences for a term of years greater than any present living man’s life expectancy are lawful. In Battle v. State, 338 So.2d 1107 (Fla. 3rd DCA 1976), the Third District Court of Appeal followed the decisions of this court. In Harper, supra, the term was 130 years. In Holley, supra, 150 years. In Battle, supra, 150 years.

*689In Byrd v. State, 281 So.2d 22 (Fla.1974), the defendant was sentenced to 150 years for the…

2Cases cited5 opinions

  1. Furman v. GeorgiaSupreme Court of the United States · 1972
  2. In Re the Florida Bar-Code of Judicial ConductSupreme Court of Florida · 1973
  3. Battle v. StateDistrict Court of Appeal of Florida · 1976
  4. Harper v. StateDistrict Court of Appeal of Florida · 1975
  5. Holley v. StateDistrict Court of Appeal of Florida · 1975

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