DANIEL EDWARD SCHESNY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court held that there is statutory authorization for a probationary split sentence, approving the lower court's decision.
Petitioner sought review of a probationary split sentence affirmed by the district court. The district court certified a question regarding legislativ…
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OVERTON, Justice.
Daniel Edward Schesny petitions this Court to review Schesny v. State, 564 So. 2d 640 (Fla. 1st DCA 1990), in which the First District Court of Appeal affirmed Schesny’s probationary split sentence. The district court certified 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 AUTHORIZED THAT DISPOSITION IN THE SENTENCING ALTERNATIVES OF SECTION 921.187, FLORIDA STATUTES?
Id. at 640-41.1 In Glass v. State, 574 So. 2d 1099, 1101 (Fla.1991), we rephrased an identical question to read:
IS THERE STATUTORY AUTHORIZATION FOR A PROBATIONARY SPLIT SENTENCE?
We answered the rephrased question in the affirmative. In accordance with our decision in Glass, we approve the decision of the First District Court of Appeal in this case.
It is so ordered.
SHAW, C.J., and McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur. . We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Glass v. State, 574 So. 2d 1099 (Fla. 1991)
- 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)