DAVID LEE HUFF, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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A probationary split sentence is statutorily authorized, and its imposition does not violate double jeopardy.
David Huff sought review of a district court decision upholding his probationary split sentence. The district court certified a question regarding sta…
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[*1292] PER CURIAM.
David Huff seeks review of Huff v. State, 566 So. 2d 945 (Fla. 1st DCA 1990), in which the district court upheld his probationary split sentence.1 The district court certified the following as a question 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 945-46. In Glass v. State, 574 So. 2d 1099, 1101 (Fla.1991), we rephrased the identical question as:
IS THERE STATUTORY AUTHORIZATION FOR A PROBATIONARY SPLIT SENTENCE?
We answered the rephrased question in the affirmative. In accordance with Glass v. State, we approve the decision of the First District Court of Appeal in this case.
It is so ordered.
SHAW, C.J., and OVERTON, McDonald, barkett, grimes, KOGAN and HARDING, JJ., concur. . We have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution.
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Authorities Cited
- Glass v. State, 574 So. 2d 1099 (Fla. 1991)
- Talmadge Hayes v. State, 566 So. 2d 945 (Fla. 2d DCA 1990)