KENNETH SKEENS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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LEHAN, Judge.
Defendant appeals from his sentence of two years community control to be followed by ten years probation.
We disagree with defendant’s first contention that community control cannot be imposed in tandem with probation. See Burrell 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, violated his right to not be placed in double jeopardy. See Johnson v. State, 535 So. 2d 651 (Fla. 3d DCA 1988).
Affirmed.
CAMPBELL, C.J., and ALTENBERND, J., concur.
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Skeens v. State, 556 So. 2d 1113 (Fla. 1990)…PER CURIAM. We have for review Skeens v. State, 542 So. 2d 436 (Fla. 2d DCA 1989), in which the district court recognized conflict. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We approve the decision of the district court below. This case presents the following issues: whether probation and community…
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Owens v. State, 626 So. 2d 240 (Fla. 2d DCA 1993)…ee State v. DiGuilio, 491 So. 2d 1129 (Fla.1986). Owens also raised a double jeopardy argument as to all offenses. We address only his argument that he cannot be convicted of both armed robbery and aggravated assault. This court, in Sands v. State, 542 So. 2d 436 (Fla. 2d DCA 1989) and Netherly v. State, 608 So. 2d 911 (Fla. 2d DCA 1992), has held that convictions for armed robbery and either assault or aggravated assault violate double jeopardy. This court based its holding on the conclusion that assault is…
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McNABB v. State, 552 So. 2d 313 (Fla. 2d DCA 1989)…PER CURIAM. The appellant, James 0. McNabb, raises two issues. His first issue is without merit as this court has previously held that probation can be imposed consecutively to community control. Skeens v. State, 542 So. 2d 436 (Fla. 2d DCA 1989). For his second issue, the defendant contends, and the state agrees, that the trial court erred by imposing court costs without adequate notice or an opportunity to object as required by Wood v. State, 544 So. 2d 1004 (Fla.1989)…
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
- Rommell Johnson v. State, 535 So. 2d 651 (Fla. 3d DCA 1988)
- Burrell v. State, 483 So. 2d 479 (Fla. 2d DCA 1986)
- Chessler v. State, 467 So. 2d 1102 (Fla. 4th DCA 1985)
- State v. Schaffer, 464 So. 2d 1218 (Fla. 4th DCA 1984)
- Williams v. State, 464 So. 2d 1218 (Fla. 1st DCA 1984)
- Mitchell v. State, 463 So. 2d 416 (Fla. 1st DCA 1985)