section 775.084(4) life sentence (Florida) · Go Syfert
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section 775.084(4) life sentence in Florida

6 Florida opinions name it 1 courts 1991–2014 0 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
SHINGLER v. Stategreen
fladistctapp · 2011 · cited in 1 Florida opinions naming this issue, 2014–2014
1 sentence

2014We recognize that in Shingler v. State, this court stated that “[i]n the case of a felony of the first degree, section 775.084(4)(b)1., mandates a life sentence; it does not authorize the imposition of a term-of-years sentence.” 74 So.3d 171, 172 (Fla. 1st DCA 2011) (emphasis in original).

11
Allen v. Stategreen
fla · 1992 · cited in 1 Florida opinions naming this issue, 2014–2014
1 sentence

2014See Allen v. State, 599 So.2d 996 (Fla.1992) (quashing decision that held that the trial court was required to sentence habitual felony offender to a life sentence under section 775.084(4)(a)1. and remanding for reinstatement of the 40-year sentence imposed by the trial court); State v. Eason, 592 So.2d 676 (Fla.1992) (approving decision affirming defendant’s 25-year sentence as an HVFO and rejecting State’s argument that the trial court was required by section 775.084(4)(b)1. to sentence defendant to life in prison with a 15-year mandatory minimum term).

11
Pope v. Stategreen
fladistctapp · 2004 · cited in 1 Florida opinions naming this issue, 2010–2010
1 sentence

2010Pope v. State, 884 So.2d 328, 329 (Fla. 2d DCA 2004).

11
Tucker v. Stategreen
fla · 1992 · cited in 1 Florida opinions naming this issue, 1993–1993
1 sentence

1993Compare Tucker v. State, 595 So.2d 956 (Fla.1992) (resentencing required where trial court did not indicate understanding that life sentence under § 775.084(4)(a), Fla. Stat. (1991), was permissive, not mandatory); Henry v. State, 581 So.2d 928 (Fla. 3d DCA 1991) (same).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Burdick v. State green
fla · 1992
2 sentences

1992The first issue was decided adversely to Crumitie in Burdick v. State, 594 So.2d 267 (Fla. 1992) ( Burdick II ), and we therefore do not address it further in this opinion.

1992Burdick v. State, 594 So.2d 267 (Fla. 1992), makes it clear that a life sentence under section 775.084(4)(a)1 and (4)(b)1, Florida Statutes (1991), is permissive rather than mandatory.

21992–1992
State v. Eason green
fla · 1992
1 sentence

2014See Allen v. State, 599 So.2d 996 (Fla.1992) (quashing decision that held that the trial court was required to sentence habitual felony offender to a life sentence under section 775.084(4)(a)1. and remanding for reinstatement of the 40-year sentence imposed by the trial court); State v. Eason, 592 So.2d 676 (Fla.1992) (approving decision affirming defendant’s 25-year sentence as an HVFO and rejecting State’s argument that the trial court was required by section 775.084(4)(b)1. to sentence defendant to life in prison with a 15-year mandatory minimum term).

12014–2014
Henry v. State green
fladistctapp · 1991
1 sentence

1993Compare Tucker v. State, 595 So.2d 956 (Fla.1992) (resentencing required where trial court did not indicate understanding that life sentence under § 775.084(4)(a), Fla. Stat. (1991), was permissive, not mandatory); Henry v. State, 581 So.2d 928 (Fla. 3d DCA 1991) (same).

11993–1993
State v. Allen green
fladistctapp · 1991
1 sentence

1991The second district reached the same result in State v. Allen, 573 So.2d 170 (Fla. 2d DCA 1991).

11991–1991

Statutes the citing opinions construe

FL § 775.084 (6)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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