Avera v. State
This text of 512 So. 2d 215 (Avera 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.
Opinion
Jeffrey R. AVERA, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Fifth District.
James B. Gibson, Public Defender, and James R. Wulchak, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Paula C. Coffman, and Sean Daly, Asst. Attys. Gen., Daytona Beach, for appellee.
DAUKSCH, Judge.
This is an appeal from a sentence which imposes both community control and imprisonment in contravention of Hankey v. State, 505 So.2d 701 (Fla. 5th DCA 1987).
SENTENCE VACATED; REMANDED.
ORFINGER and SHARP, JJ., concur.
ON MOTION FOR REHEARING
We deny the motion for rehearing. We certify conflict with Francis v. State, 487 So.2d 348 (Fla. 2d DCA), rev. denied 492 So.2d 1332 (1986).
It is so ordered.
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