ROSEMARIE CHESSLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1985-05-01
No. 84-2050
HERSEY and BARKETT, JJ., concur.
467 So. 2d 1102 Florida District Court of Appeal, Fourth District (1985) Caution
Cited by 20 cases

Opinion of the Court
LETTS, Judge.

LETTS, Judge.

We agree with the First District’s recent decision in Williams v. State, 464 So. 2d 1218 (Fla. 1st DCA 1984) reh’g denied, 464 So. 2d 1218, 1220 (Fla. 1st DCA 1985), holding that the trial court cannot properly impose a period of community control to be followed by a period of probation.

Accordingly, we reverse and remand for the trial court to resentence the defendant. We find no merit in the remaining points on appeal.

REVERSED AND REMANDED.

HERSEY and BARKETT, JJ., concur.


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  • Denson v. State, 556 So. 2d 823 (Fla. 1st DCA 1990)
    …onflicting constructions by different district courts of appeal as to whether the statutes do authorize such a sentence. Compare Cox v. State, 550 So. 2d 1169 (Fla. 4th DCA 1989); Reed v. State, 545 So. 2d 891 (Fla. 4th DCA 1989); Chessler v. State, 467 So. 2d 1102 (Fla. 4th DCA 1985); Williams v. State, 464 So. 2d 1218 (Fla. 1st DCA 1984); with Petras v. State, 486 So. 2d 44 (Fla. 5th DCA 1986); Burrell v. State, 483 So. 2d 479 (Fla. 2d DCA 1986). As these differences in construction of the statutory provisio…
  • Skeens v. State, 556 So. 2d 1113 (Fla. 1990)
    …d on the second. The district court affirmed, specifically holding that the sentences did not constitute double jeopardy. In deciding that the stacking of probation on community control was permissible, it recognized conflict with Chessler v. State, 467 So. 2d 1102 (Fla. 4th DCA 1985); Mitchell v. State, 463 So. 2d 416 (Fla. 1st DCA), dismissed, 469 So. 2d 750 (1985); and Williams v. State, 464 So. 2d 1218 (Fla. 1st DCA 1984). Skeens argues that stacking is improper because the clear legislative intent underl…
  • Skeens v. State, 542 So. 2d 436 (Fla. 2d DCA 1989)
    …v. State, 483 So. 2d 479 (Fla. 2d DCA 1986). We are in that respect in conflict with Williams v. State, 464 So. 2d 1218 (Fla. 1st DCA 1984); Mitchell v. State, 463 So. 2d 416 (Fla. 1st DCA), cause dismissed, 469 So. 2d 750 (1985); Chessler v. State, 467 So. 2d 1102 (Fla. 4th DCA 1985). We disagree with defendant’s second contention that the imposition of separate sentences for convictions for possession of a firearm by a convicted felon and carrying a concealed firearm, which arose from a single act, violate…

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