DANIEL EDWARD SCHESNY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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ZEHMER, Judge.
Daniel Edward Schesny appeals a judgment and sentence adjudicating him guilty of two counts of lewd and lascivious assault and sentencing him to concurrent terms of 6 years’ incarceration to be followed by 5 years’ probation on the ground that the sentence violates his constitutional protection against double jeopardy. In accordance with Poore v. State, 531 So. 2d 161 (Fla.1988), we affirm the probationary split sentence. We certify to the supreme court, however, the following question as one of great public importance:
DOES A DOUBLE JEOPARDY VIOLATION RESULT FROM THE IMPOSITION OF A PROBATIONARY SPLIT SENTENCE WHEN THE LEGISLATURE HAS NOT EXPLICITLY AUTHO RIZED THAT DISPOSITION IN THE SENTENCING ALTERNATIVES OF SECTION 921.187, FLORIDA STATUTES?
AFFIRMED.
BOOTH and SMITH, JJ., concur.
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Johnson v. State, 574 So. 2d 222 (Fla. 5th DCA 1991)…6 (Fla. 1st DCA 1990); Curry v. State, 568 So. 2d 1346 (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…
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Huff v. State, 566 So. 2d 945 (Fla. 1st DCA 1990)…mposed by the trial court, on the basis of the supreme court’s holding in Poore v. State, 531 So. 2d 161 (Fla.1988). See also Glass v. State, 556 So. 2d 465 (Fla. 1st DCA 1990); Buckley v. State, 558 So. 2d 534 (Fla. 1st DCA 1990); Schesny v. State, 564 So. 2d 640 (Fla. 1st DCA 1990). As in Glass, Buckley, and Schesny, however, we certify the following question to the supreme court as one of great public importance: DOES A DOUBLE JEOPARDY VIOLATION RESULT FROM THE IMPOSITION OF A PROBATIONARY SPLIT SENTENCE…
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Bush v. State, 568 So. 2d 522 (Fla. 1st DCA 1990)…PER CURIAM. AFFIRMED. See 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); Thomas v. State, 558 So. 2d 129 (Fla. 1st DCA 1990); Reynolds v. State, 558 So. 2d 127 (Fla. 1st DCA 1990) [J. Zehmer’s c…
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- Poore v. State, 531 So. 2d 161 (Fla. 1988)