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Semidey v. State

District Court of Appeal of Florida, Fourth District
May 7, 1997
692 So. 2d 1007 (Fla. Dist. Ct. App. 1997)

Opinion

No. 96-0758.

May 7, 1997.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; William P. Dimitrouleas, Judge; L.T. Case No. 95-16407 CF10C.

Richard L. Jorandby, Public Defender, and Steven H. Malone, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Sharon A. Wood, Assistant Attorney General, West Palm Beach, for appellee.


We affirm the conviction of appellant for first degree murder. However, we remand to the trial court to correct the sentence to delete the twenty-five year mandatory minimum. This provision was removed from the statutory penalty in the 1994 amendment to section 775.082(1), Florida Statutes (1995), which eliminated parole eligibility. The trial court correctly pronounced the sentence as parole. Thus, the "check off" of the twenty-five year mandatory minimum is merely a scrivener's error.

STONE, WARNER and SHAHOOD, JJ., concur.


Summaries of

Semidey v. State

District Court of Appeal of Florida, Fourth District
May 7, 1997
692 So. 2d 1007 (Fla. Dist. Ct. App. 1997)
Case details for

Semidey v. State

Case Details

Full title:FRANCISCO SEMIDEY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: May 7, 1997

Citations

692 So. 2d 1007 (Fla. Dist. Ct. App. 1997)