BARRY BUCKLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BARRY BUCKLEY, APPELLANT,
STATE OF FLORIDA, APPELLEE
558 So. 2d 534
Florida District Court of Appeal, First District (1990)
Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Buckley v. State, 577 So. 2d 1302 (Fla. 1991)…PER CURIAM. Pursuant to article V, section 3(b)(4) of the Florida Constitution, we review Buckley v. State, 558 So. 2d 534 (Fla. 1st DCA 1990), in which the court certified as a matter of great public importance the same question that was certified in Glass v. State, 574 So. 2d 1099 (Fla.1991). We disposed of the question in Glass. Because the decision below is consiste…
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Johnson v. State, 574 So. 2d 222 (Fla. 5th DCA 1991)…(Fla. 1st DCA 1990); Mickens v. State, 568 So. 2d 947 (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…
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McCOLLUN v. State, 586 So. 2d 490 (Fla. 1st DCA 1991)…clusion of special conditions of probation in a written order that were not orally pronounced at the sentencing hearing mandate a reversal and remand for correction of the written order to conform to the oral pronouncement.” See also Smith v. State, 558 So. 2d 534 (Fla. 1st DCA 1990); [*492] Williams v. State, 542 So. 2d 479 (Fla. 2d DCA 1989). Paragraph ten of the written probation order in this case requires appellant to pay one dollar per month to First Step, Inc., as directed by his probation officer. Si…
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- Poore v. State, 531 So. 2d 161 (Fla. 1988)
- Glass v. State, 556 So. 2d 465 (Fla. 1st DCA 1990)