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GURIDI v. STATE

No. 77-475.

364 So.2d 872 (1978)

Luis GURIDI, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 5, 1978.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, Warren S. Schwartz, Asst. Public Defender, and Andrew Rosen, Legal Intern, for appellant.

Robert L. Shevin, Atty. Gen., and Paul Mendelson, Asst. Atty. Gen., for appellee.

Before HENDRY, J., and CHARLES CARROLL (Ret.), and TYSON, ROBERT W., Jr., Associate Judges.

PER CURIAM.

The defendant was convicted of second degree murder, a felony in the first degree. This conviction is affirmed. Nevertheless, the defendant was sentenced to life imprisonment under Section 775.082(1), Florida Statutes (1975): the penalty for a capital felony which mandates a twenty-five year minimum sentence. The defendant should have been sentenced under Section 775.082(3)(b), Florida Statutes (1975), which contains the proper sentences for felonies in...

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