STATE OF FLORIDA, PETITIONER,
v.
CLYDE GARLAND WAYNE, RESPONDENT
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Resentencing to a greater prison term upon violation of probation does not violate double jeopardy when the original sentence was a period of confinement with no suspension.
The district court held that a defendant cannot be sentenced a second time for the same offense after violating probation appended to a lawful sentenc…
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BARKETT, Justice.
We have for review Wayne v. State, 513 So. 2d 689 (Fla. 5th DCA 1987), based on express and direct conflict with Brooks v. State, 478 So. 2d 1052 (Fla.1985); Hill v. State, 486 So. 2d 1372 (Fla. 1st DCA 1986); Lynch v. State, 491 So. 2d 1169 (Fla. 4th DCA 1986); and Crosby v. State, 487 So. 2d 416 (Fla. 2d DCA 1986). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. In the proceedings below, the district court held that a
defendant, having already been sentenced once, cannot constitutionally be sentenced a second time for the same offense merely because he has violated the probation appended to the lawful sentence of confinement.
Constitutional double jeopardy prohibits [petitioner] from being sentenced a second time for the same burglary and he must be released as to that charge.
Wayne, 513 So. 2d at 691.
In Poore v. State, 531 So. 2d 161 (Fla.1988), however, we expressly disapproved the opinion below and held that when the original sentence is a period of confinement, none of which is suspended, followed by probation,* resentencing to a greater prison term upon violation of probation does not violate double jeopardy or other constitutional provisions. Poore, at 163-164, 165. See Williams v. Wainwright, 650 F. 2d 58, 61 (5th Cir.1981); State v. Payne, 404 So. 2d 1055 (Fla.1981); Scott v. State, 326 So. 2d 165, 166 (Fla.), cert. denied, 429 U.S. 836, 97 S.Ct. 104, 50 L.Ed.2d 103 (1976). Accord North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969).
Accordingly, we quash the opinion below and remand for proceedings consistent with our views in Poore.
It is so ordered.
EHRLICH, C.J., and OVERTON, MCDONALD, SHAW, GRIMES and KOGAN, JJ., concur. *
For purposes of convenience, we have termed this a "probationary split sentence.”
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Johnson v. State, 574 So. 2d 222 (Fla. 5th DCA 1991)…robation portion of a true split sentence, then more clearly a second sentence cannot be imposed after the defendant has once been sentenced to straight confinement. In Poore, supra, Franklin v. State, 545 So. 2d 851 (Fla.1989), and State v. Wayne, 531 So. 2d 160 (Fla.1988), the supreme court did recognize as valid a sentence of a specific term of confinement followed by a specific term of probation, calling it a “probationary split-sentence” as distinguished from a true split sentence, and held that a secon…
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Heuring v. State, 539 So. 2d 590 (Fla. 1st DCA 1989)…of the following cases, discussed in Poore as illustrations of the “probationary split sentence,” reveals that the sentences imposed in those cases differ from the sentence at bar. In Wayne v. State, 513 So. 2d 689, 690 (Fla. 5th DCA 1987), quashed, 531 So. 2d 160 (1988) (the supreme court concluding, contrary to the district court’s opinion, that no double jeopardy violation existed), the defendant was sentenced to thirty months’ incarceration, followed by two and one-half years’ probation, and in Franklin v…
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Miller v. State, 177 So. 3d 95 (Fla. 2d DCA 2015)…lowed by a period of probation.”). When a defendant receives a probationary split sentence, “resen-tencing to a greater prison term upon violation of probation does not violate double jeopardy or any other constitutional provisions.” State v. Wayne, 531 So. 2d 160, 161 (Fla.1988) (citing Poore v. State, 531 So. 2d 161, 163-64, 165 (Fla. 1988)).…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (13 total)
- North Carolina v. Pearce, 395 U.S. 711 (U.S. 1969)
- Poore v. State, 531 So. 2d 161 (Fla. 1988)
- Brooks v. State, 478 So. 2d 1052 (Fla. 1985)
- State v. Payne, 404 So. 2d 1055 (Fla. 1981)
- Wayne v. State, 513 So. 2d 689 (Fla. 5th DCA 1987)
- Hill v. State, 486 So. 2d 1372 (Fla. 1st DCA 1986)
- Scott v. State, 326 So. 2d 165 (Fla. 1976)
- Woodson v. United States, 429 U.S. 836 (U.S. 1976)
- Helker v. New Mexico, 429 U.S. 836 (U.S. 1976)
- Culver v. Berkenfeld, 487 So. 2d 416 (Fla. 4th DCA 1986)