SERMON v. STATE

No. 1D08-1167.

11 So.3d 970 (2009)

Brynn SERMON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied June 15, 2009.


Attorney(s) appearing for the Case

Todd P. Resavage of Brooks, LeBoeuf, Bennett, Foster & Gwartney, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Charlie McCoy, Special Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

AFFIRMED.

WOLF and BROWNING, JJ., concur; BENTON, J., concurs with opinion.

BENTON, J., concurring.

All the judges involved in this case have done their duty as they (and I) understand it. Yet Brynn Sermon has been sentenced to life in prison "day for day" by legislative fiat, § 775.082(9), Fla. Stat. (2007), without a single judge's deciding that a punishment so onerous was fitting for any of the crimes the appellant committed...

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