Enmund v. State, 48525
| Decision Date | 20 October 1983 |
| Docket Number | No. 48525,48525 |
| Citation | 439 So.2d 1383 |
| Parties | Earl ENMUND, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida Supreme Court |
Appeal from Circuit Court, Hardee County; William A. Norris, Jr., judge.
Jerry Hill, Public Defender and W.C. McLain, Asst. Public Defender, Chief, Appellate Division, Tenth Judicial Circuit, Bartow, and James S. Liebman, New York City, for appellant.
Jim Smith, Atty. Gen., George R. Georgieff, Director, Criminal Division and Lawrence A. Kaden, Asst. Atty. Gen., Tallahassee, for appellee.
This case is before us on remand from the United States Supreme Court following its decision on certiorari review of our earlier judgment in this case, reported as Enmund v. State, 399 So.2d 1362 (Fla.1981). The Supreme Court reversed our judgment insofar as it affirmed appellant's sentences of death for two convictions of felony murder. Enmund v. Florida, 458 U.S. 782, 102 S.Ct. 3368, 73 L.Ed.2d 1140 (1982). In accordance with the Supreme Court's decision, therefore, we vacate appellant's sentences of death. This case is remanded to the circuit court with directions to impose, for each of the two first-degree murder convictions, a sentence of life imprisonment without eligibility for parole for twenty-five years. §§ 782.04(1), 775.082(1), & 921.141, Fla.Stat. (1975). The sentencing court shall have the discretion to decide whether the two sentences of life imprisonment are to be served concurrently or consecutively.
It is so ordered.
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State v. Enmund
...3368, 73 L.Ed.2d 1140 (1982). On remand we vacated the death sentences and directed the trial court to resentence Enmund. Enmund v. State, 439 So.2d 1383 (Fla.1983). At resentencing the trial court granted Enmund's motion to vacate the life sentence for the robbery conviction and sentenced ......
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Newton v. State
... ... We also find support for the trial court's imposition of consecutive mandatory minimum sentences in State v. Enmund, 399 So.2d 1362 (Fla.1981), judgment reversed, 458 U.S. 782, 102 S.Ct. 3368, 73 L.Ed.2d 1140 (1982), on remand, 439 So.2d 1383 (Fla.1983), appeal ... ...
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Enmund v. State
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