MICHAEL ALAN MCEACHERN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
MICHAEL ALAN MCEACHERN, PETITIONER,
STATE OF FLORIDA, RESPONDENT
701 So. 2d 865
Florida Supreme Court (1997)
Negative Treatment
Cited by 4 cases
Topics
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Opinion of the Court
SHAW, Justice.
We have for review State v. McEachern, 700 So. 2d 1 (Fla. 5th DCA 1997), wherein the court certified the following question:
IS A SENTENCE ENTIRELY SUSPENDED ON THE CONDITION THAT THE DEFENDANT SUCCESSFULLY COMPLETE COMMUNITY CONTROL AN ILLEGAL SENTENCE AS CONSTI TUTING AN UNAUTHORIZED SENTENCING ALTERNATIVE WHICH MAY BE APPEALED BY THE STATE AND VACATED ON DIRECT APPEAL?
We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We quash McEachern based on State v. Powell, No. 89,964, — So. 2d -, 1997 WL 718233 (Fla. Nov. 20, 1997), wherein we held that as long as there exists a valid reason for a downward departure, a trial court may impose a true split sentence in which the entire period of incarceration is suspended.
It is so ordered.
KOGAN, C.J., OVERTON, HARDING, WELLS and ANSTEAD, JJ., and GRIMES, Senior Justice, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Powell, 703 So. 2d 444 (Fla. 1997)…192 (Fla. 5th DCA 1995); Gaskins v. State, 607 So. 2d 475 (Fla. 1st DCA 1992). We note that the district court in Powell certified conflict with State v. McEachern, 700 So. 2d 1 (Fla. 5th DCA 1997). We have now quashed McEachern. McEachern v. State, 701 So. 2d 865 (Fla.1997).…
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State v. Hewitt, 702 So. 2d 633 (Fla. 1st DCA 1997)…ule 9.140(c)(l)(J). See Amendments to Fla. Rules of App. P., 685 So. 2d 773, 776 (Fla.1996). And see State v. McEachern, 700 So. 2d 1 (Fla. 5th DCA) (on reh’g) (state may appeal sentences which are unauthorized by statute), quashed on other grounds, 701 So. 2d 865 (Fla.1997). Our task in the ease at bar is to decide whether the sentence imposed was unlawful or illegal. If it is illegal, then it constitutes error as a matter of law, which is fundamental error that may be corrected at any time without an objec…
Authorities Cited
- State v. McEACHERN, 700 So. 2d 1 (Fla. 5th DCA 1997)