DERRICK ACKERS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
DERRICK ACKERS, PETITIONER,
STATE OF FLORIDA, RESPONDENT
618 So. 2d 733
Florida Supreme Court (1993)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We review Ackers v. State, 601 So. 2d 567 (Fla. 5th DCA 1992) (on rehearing), on the ground of express and direct conflict. Art. V, § 3(b)(3), Fla. Const. We recently held that it is permissible to impose probation upon a defendant found to be an habitual felony offender. McKnight v. State, 616 So. 2d 31 (Fla.1993). We therefore quash that part of the district court’s decision that ruled to the contrary. Our decision does not affect the remaining components of the district court’s opinion. We remand this case for further proceedings consistent with this opinion.
It is so ordered.
BARKETT, C.J., and OVERTON, McDonald, shaw, grimes, kogan and HARDING, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Australia Ozell Rinkins, Jr., 634 So. 2d 763 (Fla. 1st DCA 1994)…atory). We are unwilling to embrace the state’s argument that the trial judge lacked the discretion under subsection (4)(a)(l) to sentence a habitual felony offender to five years in prison, to be followed by life on probation. See Ackers v. State, 618 So. 2d 733 (Fla.1993) (quashing district court’s decision holding it impermissible to impose a sentence of probation for a first-degree felony punishable for a term of years not exceeding life imprisonment); McKnight v. State, 616 So. 2d 31 (Fla.1993) (trial j…
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Ackers v. State, 629 So. 2d 972 (Fla. 5th DCA 1993)…efore, that portion of the sentence was illegal under the guidelines. This court agreed and remanded the case for resentencing consistent with our opinion in Kendrick v. State, 596 So. 2d 1153 (Fla. 5th- DCA), rev. dismissed, 613 So. 2d 5 (Fla.1992) 618 So. 2d 733. The Florida Supreme Court accepted review based on conflict with other district courts, and Ackers obtained a temporary stay pending review but was ultimately sentenced to two concurrent forty-year prison terms, nunc pro tunc. Subsequently, the su…
Authorities Cited
- McKNIGHT v. State, 616 So. 2d 31 (Fla. 1993)
- THE Florida BAR v. Neckman, 616 So. 2d 31 (Fla. 1993)
- Ackers v. State, 601 So. 2d 567 (Fla. 5th DCA 1992)