LACY HOLLINGSWORTH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The denial of the motion for post-conviction relief is affirmed because the split sentence imposed was legal.
Hollingsworth was convicted of possession of a controlled substance and sentenced to a split sentence. He filed a motion for post-conviction relief, a…
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COBB, Judge.
Hollingsworth was convicted of possession of a controlled substance in violation of section 893.13(l)(e), Florida Statutes. The trial court sentenced him to a split sentence of two-and-one-half years imprisonment to be followed by two-and-one-half years of probation. Hollingsworth filed a motion for post-conviction relief, pursuant to Florida Rule of Criminal Procedure 3.850, in which he attacked the split sentence as illegal. The trial court denied the motion, and Hollingsworth is appealing that denial.
Split sentencing is authorized by statute in Florida.1 § 948.01(4), Florida Statutes (1979); State v. Holmes, 360 So. 2d 380 (Fla. 1978); Wilcher v. State, 388 So. 2d 320 (Fla. 5th DCA 1980); Hicks v. State, 362 So. 2d 173 (Fla. 1st DCA 1978).
AFFIRMED.
SHARP and COWART, JJ., concur. . This case concerns a true ‘‘split sentence” pursuant to § 948.01(4), Florida Statutes, and is, therefore, distinguishable from the situation discussed in Villery v. Florida Parole & Probation Commission, 396 So. 2d 1107 (Fla.1980): the technique of long-term incarceration as a condition of probation based on language in State v. Jones, 327 So. 2d 18 (Fla.1976), from which Villery recedes.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Rita v. State, 470 So. 2d 80 (Fla. 1st DCA 1985)…a split sentence imposing imprisonment and probation. See, e.g., Chaney v. State, 452 So. 2d 1148 (Fla. 5th DCA 1984); Roberts v. State, 400 So. 2d 475 (Fla. 5th DCA 1981); Bruno v. State, 395 So. 2d 631 (Fla. 1st DCA 1981); Hollingsworth v. State, 394 So. 2d 580 (Fla. 5th DCA 1981). Discerning no substantial reason for distinguishing between being a prisoner in custody while awaiting a revocation hearing and a prisoner in custody to fulfill a condition of probation, we conclude that Rita had standing to mak…
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Bruno v. State, 395 So. 2d 631 (Fla. 1st DCA 1981)…probation, is unlawfully equivalent to a sentence of probation for five years on condition that the subject serve three years in prison. Villery v. Parole and Probation Commission, 396 So. 2d 1107 (Fla.1980). We disagree. See Hollingsworth v. State, 394 So. 2d 580 (Fla. 5th DCA 1981). AFFIRMED. McCORD and ERVIN, JJ., concur.…
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Roberts v. State, 400 So. 2d 475 (Fla. 5th DCA 1981)…, Florida Statutes, is likewise unavailing. This court has held that Villery v. Florida Parole and Probation Commission, 396 So. 2d 1107, No. 57,935 (Fla. 1980) [1980 F.L.W. 554], was not intended to apply to split sentences. Hollingsworth v. State, 394 So. 2d 580 (Fla. 5th DCA 1981). AFFIRMED. COBB and FRANK D. UPCHURCH, Jr., JJ., concur. . Brown v. State, 206 So. 2d 377 (Fla.1968).…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Villery v. The Fla. Parole & Prob. Comm'n, 396 So. 2d 1107 (Fla. 1980)
- State v. Jones, 327 So. 2d 18 (Fla. 1976)
- State v. Holmes, 360 So. 2d 380 (Fla. 1978)
- Cicero Hicks v. State, 362 So. 2d 173 (Fla. 1st DCA 1978)
- Wilcher v. State, 388 So. 2d 320 (Fla. 5th DCA 1980)