01-2352 GAINES V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 01-2352 GAINES V. STATE

Case Date: 12/26/2001

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JERRY P. GAINES, Appellant, ** vs. ** THE STATE OF FLORIDA, Appellee. ** ** LOWER TRIBUNAL CASE NO[S]. 76-9957 JULY TERM, A.D. 2001 ** ** CASE NO. 3D01-2352

Opinion filed December 26, 2001. An Appeal from the Circuit Court of Dade County, Maria E. Dennis, Judge. Jerry P. Gaines, in proper person. Robert A. Butterworth, Attorney General, for appellee. Before JORGENSON, GODERICH, and FLETCHER, JJ. PER CURIAM. In 1977, appellant Jerry P. Gaines was convicted and

sentenced, pursuant to plea, to life imprisonment for second degree murder, with the added provision of hard labor. We affirm Gaines's conviction and sentence for the first degree felony of second degree murder, but reverse for resentencing to eliminate the provision of "hard labor."

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