Morris v. State

• Decision Date: 07 October 1975
• Docket Number: No. 74-428,74-428
• Citation: Morris v. State, 322 So.2d 489 (Fla. App. 1975)
• Parties: Calvin MORRIS, Appellant, v. The STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 489

322 So.2d 489

Calvin MORRIS, Appellant, v.The STATE of Florida, Appellee.

No. 74-428.

District Court of Appeal of Florida, Third District.

Oct. 7, 1975.

Appeal from Circuit Court, Dade County; Edward D. Cowart, Judge.

Phillip A. Hubbart, Public Defender, and Jesse J. McCrary, Jr., Sp.Asst. Public Defender, for appellant.

Robert L. Shevin, Atty.Gen., and Linda C. Hertz, Asst.Atty.Gen., for appellee.

Before BARKDULL, C.J., HAVERFIELD, J., and CHARLES CARROLL(Ret.), Associate Judge.

PER CURIAM.

The appellantCalvin Morris and one Lloyd Swan were charged by indictment with the crime of first degree murder.Tried together before a jury, they were convicted.Morris was sentenced to imprisonment for life.Swan received a death sentence, and appealed to the Supreme Court, which affirmed the conviction of Swan, but remanded that cause to the trial court for reduction of the sentence to "life imprisonment without eligibility for parole for twenty five years".Swan v. State, Fla.1975, 322 So.2d 485.

The two contentions of error presented and argued by Morris in his brief, likewise were presented and argued on behalf of the co-defendant in the latter's appeal to the Supreme Court, and were there considered and held not to constitute grounds for reversal.On consideration thereof we agree...