State v. Jefferson, 76--409
| Decision Date | 03 December 1976 |
| Docket Number | No. 76--409,76--409 |
| Citation | 340 So.2d 1189 |
| Parties | STATE of Florida, Appellant, v. Larry Wayne JEFFERSON, Appellee. |
| Court | Florida District Court of Appeals |
Abbott M. Herring, State Atty., Norman A. Tharp, Asst. State Atty., Titusville, for appellant, State.
R. V. Richards, Titusville, for appellee, Jefferson.
This case is before us on questions certified by the Brevard County circuit court as being determinative of the cause and without controlling precedent. Rule 4.6, F.A.R. Jefferson was convicted in 1974 of first degree murder as a result of death inflicted by another with whom Jefferson was engaged in perpetrating robbery. Sec. 782.04(1)(a), F.S.1973. He was first sentenced to life imprisonment with no possibility for parole for 25 years, § 775.082(1), F.S.1973, but on reconsideration the trial court reduced Jefferson's term to six month to 25 years because Jefferson apparently did not plan or anticpate the killling. On the state's appeal, this court vacated the resentence on the ground that it was untimely under Rule 3.800(b), R.Cr.P., and directed that the original sentence be reinstated. Jefferson v. State, 320 So.2d 827 (Fla.4th DCA 1975).
Upon receipt of this court's mandate, the trial court reinstated the sentence of life imprisonment for the capital felony of first degree murder, thereby again subjecting Jefferson to imprisonment for 25 years before he should become eligible for parole. Sec. 775.082(1), F.S.1973. However, Jefferson promptly filed another motion under Rule 3.800(b) for reduction of his sentence in accordance with new legislation, Ch. 74--383, §§ 14, 5, Fla.Laws, which redefined felony murder by one not the murderer as murder in the second degree, punishable as a felony of the first degree by imprisonment not exceeding 30 years. Secs. 782.04(3) and 775.082(3)(b), F.S.1975 ().
The trial court's certificate, after an appropriate statement of the facts, inquires whether (1) the trial court has authority to consider a Rule 3.800(b) motion for reduction of sentence 'filed immediately after reinstatement of the original sentence and within sixty days of receipt of the mandate ordering said reinstatement'; and (2) whether that court now has authority to reduce Jefferson's sentence to a term of less than 30 years on grounds that Jefferson's offense is now punishable not as a capital felony but as a felony of the first degree under §§ 782.04(3) and 775.082(3)(b), F.S.1975.
While it may be doubted that this case is one without controlling precedent and therefore appropriate for certified questions pursuant to Rule 4.6, F.A.R., we shall answer the second question propounded, which is dispositive of...
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State v. Knowles, 88-3481
...imposed, notwithstanding a subsequent amendment of the statute. Cf. Castle v. State, 330 So.2d 10 (Fla.1976); State v. Jefferson, 340 So.2d 1189 (Fla.4th DCA 1976); State v. Ussery, 543 So.2d 457 (Fla.5th DCA), rev. denied, 551 So.2d 464 (Fla.1989); Strachen v. State, 380 So.2d 487 (Fla.3d ......
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Strachen v. State, 79-819
...the sentence. Castle v. State, 330 So.2d 10 (Fla.1976), affirming Castle v. State, 305 So.2d 794 (Fla. 4th DCA 1975); State v. Jefferson, 340 So.2d 1189 (Fla. 4th DCA 1976); Smith v. State, 358 So.2d 1164 (Fla. 4th DCA Therefore, for the reasons above stated, the order of April 4, 1979 here......
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State v. Ussery, 88-2211
...5th DCA 1983), dismissed, 458 So.2d 272 (Fla.1984); Strachen v. State, 380 So.2d 487, 488 (Fla. 3d DCA 1980); State v. Jefferson, 340 So.2d 1189, 1190 (Fla. 4th DCA 1976). In the instant case, it is clear that the crime occurred prior to the effective date of Florida Rule of Criminal Proced......