STATE OF FLORIDA, PETITIONER,
v.
JEFFREY R. AVERA, RESPONDENT

Fla. | 1988-03-31
No. 71171
MCDONALD, C.J., and EHRLICH, SHAW, BARKETT and KOGAN, JJ., concur.
522 So. 2d 829 Florida Supreme Court (1988) Positive Treatment
Cited by 2 cases


Opinion of the Court
OVERTON, Justice.

OVERTON, Justice.

In accordance with our decision in State v. Van Kooten, 522 So. 2d 830 (Fla.1988), we approve the decision of the Fifth District Court of Appeal in Avera v. State, 512 So. 2d 215 (Fla. 5th DCA 1987).*

It is so ordered. MCDONALD, C.J., and EHRLICH, SHAW, BARKETT and KOGAN, JJ., concur. *

We have jurisdiction based on conflict with Francis v. State, 487 So. 2d 348 (Fla.2d DCA 1986). Art. V. § 3(b)(4), Fla.Const.


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  • Tillman v. State, 555 So. 2d 940 (Fla. 5th DCA 1990)
    …SHARP, Judge, dissenting: I respectfully dissent. Although VanKooten v. State, 512 So. 2d 214 (Fla. 5th DCA 1987), affirmed, 522 So. 2d 830 (Fla.1988); Avera v. State, 512 So. 2d 215 (Fla. 5th DCA 1987), approved, 522 So. 2d 829 (Fla.1988); and Hankey v. State, 505 So. 2d 701 (Fla. 5th DCA), rev. denied, 515 So. 2d 230 (Fla.1987), did not involve incarceration in the county jail in conjunction with, or as a condition of, community control in the second sentencing bracket, I…

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