WILLIAM CHARLES STECKER AND DIANE STECKER, HIS WIFE, APPELLANTS,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, APPELLEE
PER CURIAM.
AFFIRMED. We find competent substantial evidence in the record to support the trial court’s decision to submit the question of permanent injury to the jury and to sustain the jury's decision, as well as the trial court’s subsequent refusal to grant a new trial. In particular, we agree with appellee that the testimony of its examining physician was sufficient to create an issue of fact as to permanent injury. In addition, the jury had before it other evidence which could have, depending upon the jury’s evaluation thereof, supported the verdict of the jury and the decisions of the trial court.
ANSTEAD, DELL and POLEN, JJ., concur.
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Hayes v. State, 598 So. 2d 135 (Fla. 5th DCA 1992)…t for life or to a term of years not less than 30 and for a life felony committed on or after October 1, 1983, a defendant may be sentenced to a “term of imprisonment for life or by a term of imprisonment not exceeding 40 years.” In Salas v. State, 589 So. 2d 343 (Fla. 4th DCA 1991), in an appeal of the denial of a Rule 3.850 motion, the defendant claimed he had received illegal sentences exceeding the statutory maximum allowable by law because he received a 99 year prison term for each of four counts of sex…
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Mills v. State, 642 So. 2d 15 (Fla. 4th DCA 1994)…urt relied upon Rucker in its decision in Robinson v. State, 621 So. 2d 556 (Fla. 4th DCA 1993).3 This court interpreted the interplay between section 775.082(3)(b) and statutory authority for life sentences in a contrary fashion in Salas v. State, 589 So. 2d 343 (Fla. 4th DCA 1991). In Salas, the defendant was convicted of kidnapping, a first degree felony. This court upheld the sentence of ninety-nine years due to the fact that section 787.01(2) specifically allows for a sentence of “a term of years not ex…
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Davis v. State, 622 So. 2d 145 (Fla. 1st DCA 1993)…PER CURIAM. Appellant’s argument with respect to issue one is without merit. See Salas v. State, 589 So. 2d 343 (Fla. 4th DCA 1991). Issues two and three are not cognizable on motion for relief from an illegal sentence. See Judge v. State, 596 So. 2d 73 (Fla. 2d DCA 1992) (en banc). AFFIRMED. ERVIN and MINER, JJ., and WENTWORTH, Senior Judge, concur.…
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