DAVID LEE HUFF, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DAVID LEE HUFF, APPELLANT,
STATE OF FLORIDA, APPELLEE
566 So. 2d 945
Florida District Court of Appeal, First District (1990)
Topics
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Opinion of the Court
SHIVERS, Chief Judge.
We affirm the probationary split sentence imposed 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 WHEN THE LEGISLATURE HAS NOT EXPLICITLY AUTHO RIZED THAT DISPOSITION IN THE SENTENCING ALTERNATIVES OF SECTION 921.187, FLORIDA STATUTES?
Accordingly, appellant’s sentence is hereby AFFIRMED.
JOANOS and ZEHMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Poore v. State, 531 So. 2d 161 (Fla. 1988)
- Glass v. State, 556 So. 2d 465 (Fla. 1st DCA 1990)
- Buckley v. State, 558 So. 2d 534 (Fla. 1st DCA 1990)
- Smith v. State, 558 So. 2d 534 (Fla. 1st DCA 1990)
- Gates v. Gen. Motors Acceptance Corp., 564 So. 2d 640 (Fla. 1st DCA 1990)
- Schesny v. State, 564 So. 2d 640 (Fla. 1st DCA 1990)