MICHAEL JOSEPH OATES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MICHAEL JOSEPH OATES, APPELLANT,
STATE OF FLORIDA, APPELLEE
410 So. 2d 960
Florida District Court of Appeal, First District (1982)
Negative Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We reverse and remand this cause solely for resentencing because the trial court imposed an illegal split sentence. See Segal v. Wainwright, 304 So. 2d 446 (Fla.1974); Rozmestor v. State, 381 So. 2d 324 (Fla. 5th DCA 1980). The judgment is otherwise affirmed.
McCORD, ERVIN and SHAW, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Attorney AD Litem FOR D.K. v. The Parents OF D.K., 780 So. 2d 301 (Fla. 4th DCA 2001)…90.503(l)(b), Fla.Stat. (2000) (emphasis added). Under the general statutory definitions “[t]he word ‘person’ includes individuals [and] children. ...” § 1.01(3), Fla. Stat. (2000) (emphasis added). In Wray v. Department of Professional Regulation, 410 So. 2d 960, 961 (Fla. 1st DCA 1982), the court held that the psychotherapist/patient pi'ivilege may be waived only by the patient or by someone acting on the patient’s behalf. See also Arias v. Urban, 595 So. 2d 230 (Fla. 3d DCA 1992). We therefore conclude th…
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Drew v. State, 478 So. 2d 69 (Fla. 5th DCA 1985)…ce of each respective term imposed appears to us to violate the well settled rule against split sentences or serving parts of sentences sandwiched between chunks of other sentences. See Segal v. Wainwright, 304 So. 2d 446 (Fla.1974); Oates v. State, 410 So. 2d 960 (Fla. 1st DCA 1982); Rozmestor v. State, 381 So. 2d 324 (Fla. 5th DCA 1980). Accordingly, we vacate the sentences imposed in these cases and remand for resen-tencing. SENTENCES VACATED AND REMANDED FOR RESENTENCING. DAUKSCH, J., concurs. COWART,…
Authorities Cited
- Segal v. Wainwright, 304 So. 2d 446 (Fla. 1974)
- Rozmestor v. State, 381 So. 2d 324 (Fla. 5th DCA 1980)