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Huff v. State

District Court of Appeal of Florida, First District
Sep 21, 1990
566 So. 2d 945 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-972.

September 21, 1990.

An Appeal from the Circuit Court for Escambia County; Nickolas Geeker, Judge.

Michael E. Allen, Public Defender, Paula S. Saunders, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Virlindia A. Sample, Asst. Atty. Gen., Tallahassee, for appellee.


We affirm the probationary split sentence imposed by the trial court, on the basis of the supreme court's holding in Poore v. State, 531 So.2d 161 (Fla. 1988). See also Glass v. State, 556 So.2d 465 (Fla. 1st DCA 1990); Buckley v. State, 558 So.2d 534 (Fla. 1st DCA 1990); Schesny v. State, 564 So.2d 640 (Fla. 1st DCA 1990). As in Glass, Buckley, and Schesny, however, we certify the following question to the supreme court as one of great public importance:

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?

Accordingly, appellant's sentence is hereby AFFIRMED.

JOANOS and ZEHMER, JJ., concur.


Summaries of

Huff v. State

District Court of Appeal of Florida, First District
Sep 21, 1990
566 So. 2d 945 (Fla. Dist. Ct. App. 1990)
Case details for

Huff v. State

Case Details

Full title:DAVID LEE HUFF, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Sep 21, 1990

Citations

566 So. 2d 945 (Fla. Dist. Ct. App. 1990)

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