VIERS v. STATE

No. 77-2194.

362 So.2d 472 (1978)

Homer VIERS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 19, 1978.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Kurt L. Marmar, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Calvin L. Fox, Asst. Atty. Gen., for appellee.

Before PEARSON, BARKDULL and KEHOE, JJ.


PER CURIAM.

By this appeal, we are called upon to rule upon the propriety of a lifetime sentence for attempted first degree murder. This sentence is in excess of that provided by the statutes. See: Sections 777.04(4)(a) and 775.082(3)(b), Florida Statutes (1977).

Therefore, the sentence be and the same is hereby set aside. In all other respects, the adjudications and sentence on the second degree murder conviction are affirmed. The matter is returned to the...

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