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Biles v. State

District Court of Appeal of Florida, Fourth District
Sep 22, 1977
349 So. 2d 662 (Fla. Dist. Ct. App. 1977)

Opinion

No. 76-2466.

August 2, 1977. Rehearing Denied September 22, 1977.

Appeal from Circuit Court, Palm Beach County; Culver Smith, Judge.

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

Robert L. Shevin, Atty. Gen., Tallahassee, and Harry M. Hipler, Asst. Atty. Gen., West Palm Beach, for appellee.


The appellant, Dixie Belle Biles, claims error by the trial court in invoking the provisions of Section 775.087(2), Florida Statutes, following her conviction for manslaughter. Manslaughter is clearly not one of the crimes listed in Section 775.087(2) involving a mandatory three year sentence upon conviction of certain offenses when a firearm is used.

Accordingly, the provisions of the sentence requiring a minimum sentence of three years during which Dixie Belle Biles would not be eligible for parole are hereby stricken; and the judgment and sentence of the trial court are affirmed in all other respects.

ANSTEAD, DAUKSCH, and LETTS, JJ., concur.


Summaries of

Biles v. State

District Court of Appeal of Florida, Fourth District
Sep 22, 1977
349 So. 2d 662 (Fla. Dist. Ct. App. 1977)
Case details for

Biles v. State

Case Details

Full title:DIXIE BELLE BILES, A/K/A DIXIE BELLE BAKER, APPELLANT, v. STATE OF…

Court:District Court of Appeal of Florida, Fourth District

Date published: Sep 22, 1977

Citations

349 So. 2d 662 (Fla. Dist. Ct. App. 1977)

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