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Elley v. State

Supreme Court of Florida
Jul 10, 1975
316 So. 2d 538 (Fla. 1975)

Opinion

No. 46800.

July 10, 1975.

Appeal from the Circuit Court, Pinellas County, Harry W. Fogle, J.

James A. Gardner, Public Defender, and Harold H. Moore and Steven H. Denman, Asst. Public Defenders, for appellant.

Robert L. Shevin, Atty. Gen., and Charles Corces, Jr., Asst. Atty. Gen., for appellee.


Appellant was indicted for first degree murder. He pled guilty to first degree murder and was sentenced to life imprisonment. At the plea conference he challenged the constitutionality of the sentencing statute which provides that he would not be eligible for parole for 25 years. Our jurisdiction is invoked under Article V, Section 3(b)(1) of the Florida Constitution (1972).

We held this sentencing statute constitutional in Owens v. State, 316 So.2d 537 (Fla. 1975). Appellant's case is governed by that decision and his conviction and sentence is affirmed.

ADKINS, C.J., and ROBERTS, BOYD and OVERTON, JJ., concur.


Summaries of

Elley v. State

Supreme Court of Florida
Jul 10, 1975
316 So. 2d 538 (Fla. 1975)
Case details for

Elley v. State

Case Details

Full title:JIM EDWARD ELLEY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:Supreme Court of Florida

Date published: Jul 10, 1975

Citations

316 So. 2d 538 (Fla. 1975)