CICERO HICKS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
An appeal from a denial of appellant’s motion to vacate a portion of a sentence under F.R.Cr.P. 3.850. Appellant urges that the trial court erred in giving him a “split sentence” — three years imprisonment followed by seven years probation — on his nolo contendere plea to a charge of attempted second degree murder. While this argument may have previously had merit under Robinson v. State, 256 So. 2d 390 (Fla.3d DCA 1973) and its progeny, it is now clear that a trial court may in its discretion sentence a defendant to a period of incarceration followed by a period of probation. See Section 948.01(4), Florida Statutes (1977); State v. Jones, 327 So. 2d 18 (Fla.1976), and State v. Holmes, 360 So. 2d 380 (Fla.1978).
SMITH, Acting C. J., and MELVIN and BOOTH, JJ., concur.
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Terrell v. State, 396 So. 2d 832 (Fla. 4th DCA 1981)…PER CURIAM. Affirmed on the authority of Hicks v. State, 362 So. 2d 173 (Fla. 1st DCA 1978). ANSTEAD, MOORE and HURLEY, JJ., concur.…
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Lacy Hollingsworth v. State, 394 So. 2d 580 (Fla. 5th DCA 1981)…Hollingsworth is appealing that denial. Split sentencing is authorized by statute in Florida.1 § 948.01(4), Florida Statutes (1979); State v. Holmes, 360 So. 2d 380 (Fla. 1978); Wilcher v. State, 388 So. 2d 320 (Fla. 5th DCA 1980); Hicks v. State, 362 So. 2d 173 (Fla. 1st DCA 1978). AFFIRMED. SHARP and COWART, JJ., concur. . This case concerns a true ‘‘split sentence” pursuant to § 948.01(4), Florida Statutes, and is, therefore, distinguishable from the situation discussed in Villery v. Florida Parol…
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Wilcher v. State, 388 So. 2d 320 (Fla. 5th DCA 1980)…140(g), Florida Rules of Appellate Procedure. The state contends, and we agree, that section 948.01(4), Florida Statutes (1979), specifically authorizes the sentence imposed in this case. State v. Holmes, 360 So. 2d 380 (Fla. 1978); Hicks v. State, 362 So. 2d 173 (Fla.lst DCA 1978). AFFIRMED. FRANK D. UPCHURCH, Jr. and SHARP, JJ., concur. . Discharging a firearm in an occupied dwelling. § 790.19, Fla.Stat. (1979).…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Jones, 327 So. 2d 18 (Fla. 1976)
- State v. Holmes, 360 So. 2d 380 (Fla. 1978)
- Robinson v. State, 256 So. 2d 390 (Fla. 3d DCA 1972)