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State v. Lopez

Supreme Court of Florida
Jan 14, 1976
327 So. 2d 27 (Fla. 1976)

Opinion

No. 46831.

January 14, 1976.

Writ of Certiorari to the District Court of Appeal, Third District.

Robert L. Shevin, Atty. Gen., and Joel D. Rosenblatt, Asst. Atty. Gen., for petitioner.

Phillip A. Hubbart, Public Defender, and Kurt Marmar, Asst. Public Defender, for respondent.


This is a petition for writ of certiorari to review a decision of the Third District Court of Appeal reported at 305 So.2d 268 (Fla.App.3d 1974). The District Court found improper a two-year probation order which included a condition that the defendant be incarcerated in the Dade County jail for a period of eleven months.

The decision of the District Court is in conflict with our recent decision in State v. Jones, 327 So.2d 18 (Fla. 1975).

We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

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 split sentence probation order 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.


Summaries of

State v. Lopez

Supreme Court of Florida
Jan 14, 1976
327 So. 2d 27 (Fla. 1976)
Case details for

State v. Lopez

Case Details

Full title:STATE OF FLORIDA, PETITIONER, v. GUILLERMO LOPEZ, RESPONDENT

Court:Supreme Court of Florida

Date published: Jan 14, 1976

Citations

327 So. 2d 27 (Fla. 1976)

Citing Cases

Jones v. State

State v. Jones, supra.See also, State v. Baker, 327 So.2d 27 (Fla. 1976); State v. Lopez, 327 So.2d 27 (Fla.…