JAMES ALLEN HULTS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
OVERTON, Justice.
This cause is before us on a petition for writ of certiorari to review a decision of the Second District Court of Appeal reported at 307 So. 2d 489 (Fla.App.2nd, 1975). That decision held illegal a sentence placing petitioner on probation after completion of a prison term where the probationary period did not fall within a stayed period of imprisonment. As such, it conflicts with our recent decision in State v. Jones, 327 So. 2d 18 (Fla.1976) ,1
The petition for writ of 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 instructions to reinstate the split sentence probation imposed by the trial judge. 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.
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Avila v. State, 330 So. 2d 189 (Fla. 3d DCA 1976)…. 2d 550) reversing the order of the Circuit Court of 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 February 11, 1976 (327 So. 2d 210) and mandate now lodged in this court, quashed this court’s judgment with directions ; [*190] NOW, THEREFORE, It is Ordered that the mandate of this court heretofore issued in this cause on February 4, 1975 is withdrawn, the judgment of this court f…
Authorities Cited
- State v. Jones, 327 So. 2d 18 (Fla. 1976)
- Hults v. State, 307 So. 2d 489 (Fla. 2d DCA 1975)