ALTON T. ALEXANDER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Alexander appeals the summary denial of his motion to vacate and correct his sentence. He was sentenced to a term of twelve years which was split, pursuant to section 948.01(4), Florida Statutes (1979), into a two-year term of imprisonment followed by ten years of probation.
The revised opinion in Villery v. The Florida Parole & Probation Commission, 396 So. 2d 1107 (Fla.1981), specifically held that the incarceration segment of a split sentence may not equal or exceed one year. Because Villery is made to apply retroactively, the summary denial of appellant’s motion for post conviction relief is reversed, and the case is remanded to the trial court for resentencing.
DAUKSCH, C. J., and ORFINGER and SHARP, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Baker v. State, 425 So. 2d 36 (Fla. 5th DCA 1982)…o. 2d 1265 (Fla.1982); Gonzalez v. State, 367 So. 2d 1008 (Fla.1979); State v. Munford, 357 So. 2d 706 (Fla.1978); Portee v. State, 392 So. 2d 314 (Fla. 2d DCA 1980). . See, e.g., Stone v. State, 402 So. 2d 1222 (Fla. 5th DCA 1981); James v. State, 399 So. 2d 424 (Fla. 5th DCA 1981); Walker v. State, 386 So. 2d 630 (Fla. 5th DCA 1980). It is not the commonality of some elements that makes two offenses “the same offense” for double jeopardy but the absence of at least one different element. The focus on commo…1 / 2
-
O'Hara v. State, 448 So. 2d 524 (Fla. 5th DCA 1984)…d 8 (Fla. 5th DCA 1984); Hedges v. State, 448 So. 2d 5 (Fla. 5th DCA 1984). . See, e.g., Jackson v. State, 404 So. 2d 369 (Fla. 5th DCA 1981), quashed, 417 So. 2d 985 (Fla. 1982); Stone v. State, 402 So. 2d 1222 (Fla. 5th DCA 1981); James v. State, 399 So. 2d 424 (Fla. 5th DCA 1981). . See, e.g., Walker v. State, 386 So. 2d 630 (Fla. 5th DCA 1980). . Monarca v. State, 412 So. 2d 443 (Fla. 5th DCA 1982); Bartee v. State, 401 So. 2d 890 (Fla. 5th DCA 1981); Preston v. State, 397 So. 2d 712 (Fla. 5th DCA 1981…
-
Gibson v. State, 403 So. 2d 1019 (Fla. 3d DCA 1981)…ession and display of a firearm under Section 790.07, Florida Statutes (1977), involve the same criminal act as a necessary element of each offense, the defendants’ convictions and sentences for possession of a firearm may not stand. James v. State, 399 So. 2d 424 (Fla. 5th DCA 1981); Lee v. State, 400 So. 2d 1238 (Fla. 1st DCA 1981); Monroe v. State, 396 So. 2d 241 (Fla. 3d DCA 1981). Cf. Wooten v. State, 404 So. 2d 1072 (Fla. 3d DCA 1981) (convic [*1021] tion of petty larceny inconsistent with finding viola…
Previewing 3 of 10 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)