GEORGE BETSEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The State having conceded that the trial court erred in failing to allow appellant credit for gain time earned during his first term of incarceration, this case is remanded to the trial court for correction of the sentence. Green v. State, 539 So. 2d 484 (Fla. 1st DCA 1988), approved, State v. Green, 547 So. 2d 925 (Fla.1989).
While we are bound by Poore v. State, 531 So. 2d 161 (Fla.1988), to uphold appellant’s “probationary split sentence” as legal, we certify to the Florida Supreme Court as a matter of great public importance, the following question, which was certified in Glass v. State, 556 So. 2d 465 (Fla. 1st DCA 1990):
Does a double jeopardy violation result from the imposition of a probationary split sentence when the legislature has not explicitly authorized that disposition in the sentencing alternatives of section 921.187, Florida Statutes?
SHIVERS, C.J., and WIGGINTON and BARFIELD, JJ., concur.
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Johnson v. State, 574 So. 2d 222 (Fla. 5th DCA 1991)…7 (Fla. 1st DCA 1990); Cobb v. State, 567 So. 2d 554 (Fla. 1st DCA 1990); Huff v. State, 566 So. 2d 945 (Fla. 1st DCA 1990); Schesny v. State, 564 So. 2d 640 (Fla. 1st DCA 1990); Buckley v. State, 558 So. 2d 534 (Fla. 1st DCA 1990); Betsey v. State, 558 So. 2d 202 (Fla. 1st DCA 1990); Glass v. State, 556 So. 2d 465 (Fla. 1st DCA 1990). . This concept and language was lifted from section 948.06(1) which originally related to the court’s authority to impose a sentence after violation of straight probation, a s…
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Mickens v. State, 568 So. 2d 947 (Fla. 1st DCA 1990)…eopardy. Although recognizing that this same contention has heretofore been rejected in Glass v. State, 556 So. 2d 465 (Fla. 1st DCA 1990), appellant’s motion for rehearing calls to our attention that we have, in Glass as well as in Betsey v. State, 558 So. 2d 202 (Fla. 1st DCA 1990), and Buckley v. State, 558 So. 2d 534 (Fla. 1st DCA 1990), certified the following question: DOES A DOUBLE JEOPARDY VIOLATION RESULT FROM THE IMPOSITION OF A PROBATIONARY SPLIT SENTENCE WHEN THE LEGISLATURE HAS NOT EXPLICITLY A…
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Cunningham v. State, 570 So. 2d 1147 (Fla. 1st DCA 1990)…PER CURIAM. AFFIRMED. As in Glass v. State, 556 So. 2d 465 (Fla. 1st DCA 1990), Betsey v. State, 558 So. 2d 202 (Fla. 1st DCA 1990), Buckley v. State, 558 So. 2d 534 (Fla. 1st DCA 1990), and Miller v. State, 567 So. 2d 1041 (Fla. 1st DCA 1990), we certify the following question to the supreme court as one of great public importance: DOES A DOUBLE JEOPARDY V…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Poore v. State, 531 So. 2d 161 (Fla. 1988)
- State v. Green, 547 So. 2d 925 (Fla. 1989)
- Glass v. State, 556 So. 2d 465 (Fla. 1st DCA 1990)
- Green v. State, 539 So. 2d 484 (Fla. 1st DCA 1988)