Holley v. State

Full title: JOE WILLIS HOLLEY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Jan 24, 1975

306 So. 2d 561 (Fla. Dist. Ct. App. 1975)

Opinion

No. 74-59.

January 24, 1975.

Appeal from the Circuit Court, Orange County, W. Rogers Turner, J.

Richard L. Jorandby, Public Defender, and Richard S. Power, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Anthony J. Golden, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Affirmed.

WALDEN and CROSS, JJ., concur.

OWEN, C.J., concurs in part and dissents in part.

OWEN, Chief Judge (concurring in part and dissenting in part).

Appellant was convicted of robbery and sentenced to 150 years in prison. I concur in the majority opinion to affirm the judgment. I would vacate the sentence as being in excess of that permissible under Section 813.011, F.S. for the reasons set forth in a similar dissent filed in the case of Harper v. State, Fourth District Court of Appeal, 306 So.2d 141, Opinion filed January 17, 1975.