HAMPTON ALONZO CORRY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. | 1993-04-08
No. 80173
BARKETT, C.J., and OVERTON, McDonald, shaw, grimes, kogan and HARDING, JJ., concur.
617 So. 2d 311 Florida Supreme Court (1993) Negative Treatment
Cited by 14 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The district court of appeal approved Corry’s sentence on the authority of Snead v. State, 598 So. 2d 316 (Fla. 5th DCA 1992). Corry v. State, 599 So. 2d 290 (Fla. 5th DCA 1992). We have quashed Snead. Snead v. State, 616 So. 2d 964 (Fla.1993). Hence, the decision of the district court in this case is also quashed and remanded for further consideration in light of Snead and Ashley v. State, 614 So. 2d 486 (Fla.1993). It is so ordered.

BARKETT, C.J., and OVERTON, McDonald, shaw, grimes, kogan and HARDING, JJ., concur.


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Cited By (12 total)

  • Gibson v. Fla. Dep't OF Corr., 885 So. 2d 376 (Fla. 2004)
    …,” and second, to prevent offenders from receiving a sentence upon revocation of probation that, combined with the sentence originally received, exceeds the maximum guidelines sentence. Id. In a decision issued shortly after Tripp, Horner v. State, 617 So. 2d 311 (Fla.1993), we stated that the provision now found in section 948.01(6) defines “split sentencing with regard to the sentencing that the trial court is imposing for all cases against the defendant.” Id. at 313. Homer involved a “multiple-case senten…
  • Collins v. State, 697 So. 2d 1305 (Fla. 4th DCA 1997)
    …5 Defendant argues that the sentence imposed in case number 92-1255 was in violation of subsection 948.01(6), Florida Statutes (1993), which precludes a time gap between incarceration and probation in a probationary split sentence. Horner v. State, 617 So. 2d 311 (Fla.1993), which explains the application of subsection 948.01(6), is dispositive. Because the sentence defendant was serving at the time of the new violations was not interrupted pursuant to Horner, the sentence imposed in this case was not illega…
  • Hatton v. State, 689 So. 2d 1195 (Fla. 4th DCA 1997)
    …f imprisonment and probation). The Florida Supreme Court has also held that section 948.01(6), Florida Statutes (1995), requires the inearcerative portions of a sentence to be completed before the non-incarcerative portions begin. Horner v. State, 617 So. 2d 311 (Fla.1993). The issue in Homer was whether the statute, which prohibits a time gap in a probationary split sentence, prohibits a separation between incarceration and probation as to each ease of a multiple case sentence, or merely bars a period of f…

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