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LEWIS v. STATE

Nos. 3D98-2160, 3D98-2039.

780 So.2d 125 (2000)

Eddie LEWIS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 10, 2000.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Maria E. Lauredo, and Robert Kalter, Assistant Public Defenders, for appellant.

Robert A. Butterworth, Attorney General, and Paulette R. Taylor, Assistant Attorney General, for appellee.

Before JORGENSON, LEVY, and FLETCHER, JJ.

PER CURIAM.

Eddie Lewis appeals from a judgment of conviction and sentence for first-degree felony murder, attempted robbery, and robbery. We affirm the convictions but remand for resentencing of the first-degree murder only.

Section 782.04(1), Florida Statutes (1995), provides that first-degree murder is a capital felony, not a life felony, and is punishable by death or life in state prison without possibility of parole. The defendant's twenty-five-year sentence...

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