Dunn v. State, 87-681
| Decision Date | 21 January 1988 |
| Docket Number | No. 87-681,87-681 |
| Citation | 13 Fla. L. Weekly 591,522 So.2d 41 |
| Parties | 13 Fla. L. Weekly 591 Leonard A. DUNN, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal from the Circuit Court for Putnam County; E.L. Eastmoore, Judge.
James B. Gibson, Public Defender, and Nancye R. Crouch, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellee.
AFFIRMED on the authority of Key v. State, 452 So.2d 1147 (Fla. 5th DCA), rev. denied, 459 So.2d 1041 (Fla.1984); Scott v. State, 465 So.2d 1359 (Fla. 5th DCA 1985).
ON MOTION FOR REHEARING
Following our affirmance of January 21, 1988, appellant moved for rehearing stating that in affirming his sentence of 50 years imprisonment this court overlooked section 775.082(3)(a), Florida Statutes, which provides that a person convicted of a life felony after October 1, 1983, may be punished by a term of imprisonment not exceeding 40 years and that his sentence was, therefore, illegal.
1 This special category is recognized on the sentencing guidelines scoresheet shown as Florida Rule of Criminal Procedure 3.988 as "1st punishable by life."
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