JAMES ALLEN CUNNINGHAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES ALLEN CUNNINGHAM, APPELLANT,
STATE OF FLORIDA, APPELLEE
570 So. 2d 1147
Florida District Court of Appeal, First District (1990)
Positive Treatment
Cited by 2 cases
Opinion of the Court
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 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?
ERVIN, WIGGINTON and MINER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Goodman v. State, 578 So. 2d 11 (Fla. 1st DCA 1991)…ave been classified as an habitual felony offender because the two prior convictions had been entered at the same time. As to the first issue, we affirm on the authority of Bouie v. State, 570 So. 2d 1148 (Fla. 1st DCA 1990), and Atkinson v. State, 570 So. 2d 1147 (Fla. 1st DCA 1990), citing to Smith v. State, 567 So. 2d 55 (Fla. 2d DCA 1990); Arnold v. State, 566 So. 2d 37 (Fla. 2d DCA 1990); Roberts v. State, 559 So. 2d 289 (Fla. 2d DCA 1990), dismissed 564 So. 2d 488 (Fla.1990); King v. State, 557 So. 2d 8…
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Bryant Kilo v. State, 578 So. 2d 833 (Fla. 1st DCA 1991)…Appellant also attacks Section 775.-084(l)(a) on various constitutional grounds including due process, equal protection, and separation of powers. We affirm on authority of Bouie v. State, 570 So. 2d 1148 (Fla. 1st DCA 1990), and Atkinson v. State, 570 So. 2d 1147 (Fla. 1st DCA 1990), citing to Smith v. State, 567 So. 2d 55 (Fla. 2d DCA 1990); Arnold v. State, 566 So. 2d 37 (Fla. 2d DCÁ 1990); Roberts v. State, 559 So. 2d 289 (Fla. 2d DCA 1990), dismissed 564 So. 2d 488 (Fla.1990); King v. State, 557 So. 2d 8…
Authorities Cited
- Denhart v. Dugger, 567 So. 2d 1041 (Fla. 1st DCA 1990)
- 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)
- Smith v. State, 558 So. 2d 534 (Fla. 1st DCA 1990)