GILBERT v. STATE

No. 85-1129.

487 So.2d 1185 (1986)

Roswell GILBERT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 22, 1986.


Attorney(s) appearing for the Case

Joseph A. Varon, Hollywood, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Richard G. Bartmon, Asst. Atty. Gen., West Palm Beach, for appellee.


WALDEN, Judge.

Upon trial by jury, Roswell Gilbert was found guilty of the premeditated murder of his wife, Emily, in contravention of section 782.04(1)(a)1, Florida Statutes (1981).1 He, at age 75, was sentenced to life imprisonment. Under section 775.082, Florida Statutes (1981), there is a mandatory minimum sentence of 25 years. Thus, Mr. Gilbert would be incarcerated until he reached the...

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