Adkins v. State

District Court of Appeal of Florida

Adkins v. State

649 So. 2d 345, 1995 Fla. App. LEXIS 786, 1995 WL 39869

Procedural entryThis page is a short order in Adkins v. State. Read the opinion of the Court — 605 So. 2d 915 →

District Court of Appeal of Florida·Decided February 3, 1995·No. No. 94-798·Published

Opinion

DAUKSCH, Judge.

This is an appeal from a judgment and sentence in a capital sexual battery case. We find no reversible error regarding the judgment.

The sentence must be vacated. On January 14, 1994 this court ruled in a case from the seventh circuit that a sentence of life imprisonment for capital sexual battery cannot be followed by a life term of probation. See Wilson v. State, 630 So.2d 1186 (Fla. 5th DCA 1994). That precise circumstance is what we have here, in a sentence imposed just two months following the Wilson decision.

We vacate the sentence and remand for imposition of a legal sentence.

SENTENCE VACATED; REMANDED.

HARRIS, C.J., and PETERSON, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

DAUKSCH, Judge.

This is an appeal from a judgment and sentence in a capital sexual battery case. We find no reversible error regarding the judgment.

The sentence must be vacated. On January 14, 1994 this court ruled in a case from the seventh circuit that a sentence of life imprisonment for capital sexual battery cannot be followed by a life term of probation. See Wilson v. State, 630 So.2d 1186 (Fla. 5th DCA 1994). That precise circumstance is what we have here, in a sentence imposed just two months following the Wilson decision.

We vacate the sentence and remand for imposition of a legal sentence.

SENTENCE VACATED; REMANDED.

HARRIS, C.J., and PETERSON, J., concur.

Adkins v. State, 649 So. 2d 345, 1995 Fla. App. LEXIS 786, 1995 WL 39869 (Fla. Ct. App. 1995).

Pincite

649 So. 2d 345 (Adkins v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related