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Buckley v. State

District Court of Appeal of Florida, First District
Mar 29, 1990
558 So. 2d 534 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-1061.

March 29, 1990.

An Appeal from the Circuit Court for Washington County; Dedee S. Costello, Judge.

Michael E. Allen, Public Defender and Carl S. McGinnes, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen. and Laura Rush, Asst. Atty. Gen., Tallahassee, for appellee.


While we are bound by Poore v. State, 531 So.2d 161 (Fla. 1988), to uphold appellant's "probationary split sentence" as legal, we certify to the Florida Supreme Court as a matter of great public importance, the following question, which was certified in Glass v. State, 556 So.2d 465 (Fla. 1st DCA 1990):

Does a double jeopardy violation result from the imposition of a probationary split sentence when the legislature has not explicitly authorized that disposition in the sentencing alternatives of section 921.187, Florida Statutes?

SHIVERS, C.J., and WIGGINTON and BARFIELD, JJ., concur.


Summaries of

Buckley v. State

District Court of Appeal of Florida, First District
Mar 29, 1990
558 So. 2d 534 (Fla. Dist. Ct. App. 1990)
Case details for

Buckley v. State

Case Details

Full title:BARRY BUCKLEY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Mar 29, 1990

Citations

558 So. 2d 534 (Fla. Dist. Ct. App. 1990)

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