AUSTIN LEE ALEXANDER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AUSTIN LEE ALEXANDER, APPELLANT,
STATE OF FLORIDA, APPELLEE
402 So. 2d 485
Florida District Court of Appeal, Second District (1981)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
In the instant case appellant alleges that he was sentenced to five years imprisonment to be followed by five years probation. Because this is illegal under Villery v. Florida Parole and Probation Commission, 396 So. 2d 1107 (Fla.1981), and because Villery is deemed to be retroactive, we affirm appellant’s conviction but remand to the lower court so that it may correct appellant’s sentence. In correcting his sentence, the trial court may sentence appellant to be incarcerated for up to ten years with credit for time served. See Lewis v. State, 402 So. 2d 482 (Fla.2d DCA 1981).
GRIMES, A.C.J., and OTT and DAN-AHY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kindell v. State, 413 So. 2d 1283 (Fla. 3d DCA 1982)…sentence and impose a new sentence, Singleton v. State (Fla. 5th DCA 1982) (Case no. 81-379, opinion filed February 3, 1982); Gomez v. State, 409 So. 2d 1096 (Fla. 3d DCA 1981); Flynn v. State, 413 So. 2d 36 (Fla. 1st DCA 1981); Alexander v. State, 402 So. 2d 485 (Fla. 2d DCA 1981); Lewis v. State, 402 So. 2d 482 (Fla. 2d DCA 1981), the appellant may wish to decline correction of her sentence. Accordingly, we do not remand for correction of the sentence but observe that this affirmance is without prejudice t…
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Gomez v. State, 409 So. 2d 1096 (Fla. 3d DCA 1982)…f its options, withdraw the sentence altogether and impose a new sentence not to exceed eight years imprisonment (with credit for time served). Flynn v. State, (Fla. 1st DCA 1981) (case no. AE-15, opinion filed October 30, 1981); Alexander v. State, 402 So. 2d 485 (Fla. 2d DCA 1981); Lewis v. State, 402 So. 2d 482 (Fla. 2d DCA 1981). In light of this construction placed on Villery, supra, which could result in the imposition of a lengthier prison sentence, the appellant may wish to decline correction of his s…
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Alexander v. State, 422 So. 2d 25 (Fla. 2d DCA 1982)…to vacate or correct the illegal sentence. A different trial judge, however, summarily denied the motion. Undaunted, appellant filed another Rule 3.850 motion and appealed to this court from the denial of the original motion. In Alexander v. State, 402 So. 2d 485 (Fla. 2d DCA 1981), we remanded to the trial court for a correction of the sentence with instructions that it could resentence him to a prison term not to exceed the original, combined ten-year term of incarceration and probation, with credit for ti…
Authorities Cited
- Villery v. The Fla. Parole & Prob. Comm'n, 396 So. 2d 1107 (Fla. 1980)
- Lewis v. State, 402 So. 2d 482 (Fla. 2d DCA 1981)