Adkins v. State

District Court of Appeal of Florida

Adkins v. State

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

CourtDistrict Court of Appeal of Florida

DecidedFebruary 3, 1995

DocketNo. 94-798

StatusPublished

This text of 649 So. 2d 345 (Adkins v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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