STATE OF FLORIDA, PETITIONER,
v.
TOMMY CUMMINGS, RESPONDENT
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OVERTON, Justice.
This is a petition for writ of certiorari to review a decision of the Third District Court of Appeal reported at 310 So. 2d 374 (Fla.App.3d 1975). The District Court’s decision held illegal a probation order which placed the defendant on probation for three years conditioned upon the defendant serving one year in the county jail. The decision is in conflict with our recent decision in State v. Jones, 327 So. 2d 18 (Fla. 1975).1
The petition for certiorari is granted. We dispense with oral argument and the filing of briefs on the merits. The decision of the District Court is quashed, and the cause is remanded with directions to reinstate the split sentence probation order in accordance with our opinion in State v. Jones, supra.
It is so ordered.
ADKINS, C. J., and ROBERTS and ENGLAND, JJ., concur. BOYD, J., dissents.
. We have jurisdiction. Art. V, § 3(b)(3), Fla.Const.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jones v. State, 336 So. 2d 1172 (Fla. 1976)…BERTS, ENGLAND, and SUND-BERG, JJ., and RUDD, Circuit Judge, concur. ADKINS and BOYD, JJ., dissent. . Art. V, § 3(b)(1), Fla.Const. . See also, State v. Baker, 327 So. 2d 27 (Fla.1976); State v. Lopez, 327 So. 2d 27 (Fla.1976); state v. Cummings, 327 So. 2d 28 (Fla.1976); State v. Green, 327 So. 2d 28 (Fla.1976).…1 / 2
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Green v. State, 329 So. 2d 41 (Fla. 3d DCA 1976)…d 373) reversing the sentence of the Circuit Court for Dade County, Florida, in the above styled cause; and WHEREAS, on review of this court’s judgment, by certiorari, the Supreme Court of Florida by its opinion and judgment filed January 14, 1976 (327 So. 2d 28) and mandate now lodged in this court, quashed this court’s judgment and remanded the cause with directions; NOW, THEREFORE, It is Ordered that the mandate of this court heretofore issued in this cause on April 16, 1975 is withdrawn, the judgment o…
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Cummings v. State, 329 So. 2d 42 (Fla. 3d DCA 1976)…reversing the sentence of the Circuit Court for Dade County, Florida, in the above styled cause; and WHEREAS, on review of this court’s judgment, by certiorari, the Supreme Court of Florida by its opinion and judgment [*43] filed January 14, 1976 (327 So. 2d 28) and mandate now lodged in this court, quashed this court’s judgment and remanded the cause with directions; NOW THEREFORE, It is Ordered that the mandate of this court heretofore issued in this cause on March 26, 1975 is withdrawn, the judgment of…
Authorities Cited
- State v. Jones, 327 So. 2d 18 (Fla. 1976)
- Cummings v. State, 310 So. 2d 374 (Fla. 3d DCA 1975)