TULLIS v. STATE (1998)

District Court of Appeal of Florida,Second District.

John Joseph TULLIS, Appellant, v. STATE of Florida, Appellee.

No. 97-02470.

Decided: July 31, 1998

James Marion Moorman, Public Defender, Bartow, and Douglas Chanco, Assistant Public Defender, Bartow, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Deborah F. Hogge, Assistant Attorney General, Tampa, for Appellee.

The appellant entered a non-negotiated plea of guilty to the charge of robbery with a weapon, a first-degree felony. Pursuant to section 775.084(4)(c)1., Florida Statutes (1995), the trial court sentenced the appellant as a violent career criminal to life in prison with a mandatory minimum term of thirty years. The statute, however, does not provide for a mandatory minimum term in the case of a first-degree felony. We therefore strike the mandatory minimum term imposed. We affirm the judgment and life sentence in all other respects.

Affirmed; mandatory minimum stricken.

THREADGILL, Judge.

FRANK, A.C.J., and CASANUEVA, J., concur.

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