STATE OF FLORIDA, PETITIONER,
v.
IGNACIO FRANK AVILA, RESPONDENT
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A sentence of probation, even if initially deemed a nullity by an appellate court, can be reinstated if it conflicts with established precedent.
The trial court found a defendant guilty of violating probation and imposed a five-year sentence. The District Court of Appeal held the probation peri…
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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 306 So. 2d 550 (Fla.App.3rd, 1975). The District Court held a sentence of forty days in the county jail followed by five years probation to be a nullity insofar as the probation period was concerned. The trial judge found the defendant guilty of violating the probation and imposed a sentence of five years. The District Court directed the defendant be discharged.
The decision of the District Court is in conflict with our recent decision in State v. Jones, 327 So. 2d 18 (Fla.1976). We have jurisdiction.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 this cause is remanded with directions to reinstate the sentence imposed for violation of said probation 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.
. Art. V, § 3(b)(3), Fla.Const.
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Citator
Cited By
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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NOW, THEREFORE, It is Ordered that the mandate of this court heretofore issued in this cause on February 4, 1975 is withdrawn, the judgment of this court f…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)
- Sens v. Slavia, Inc., 306 So. 2d 550 (Fla. 3d DCA 1975)