Bozeman v. State

District Court of Appeal of Florida

Bozeman v. State

598 So. 2d 213, 1992 Fla. App. LEXIS 4984, 1992 WL 93573

CourtDistrict Court of Appeal of Florida

DecidedMay 6, 1992

DocketNo. 91-03380

StatusPublished

This text of 598 So. 2d 213 (Bozeman 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

Bozeman v. State, 598 So. 2d 213, 1992 Fla. App. LEXIS 4984, 1992 WL 93573 (Fla. Ct. App. 1992).

Pincite

Opinion

PER CURIAM.

Phyllis Ricco Bozeman appeals her convictions and sentences for possession of cocaine, driving while her license was suspended, and reckless driving. We affirm her convictions but reverse for resentenc-ing.

Appellant pled to several charges including driving while her license was suspended. She challenges as illegal her split sentence on the driving charge only. She received ten months’ probation followed by sixty days in county jail.

The judge was correct that sections 948.-01(11) and (12), Florida Statutes (1991), permit a reverse split sentence. These sections, however, do not apply to appellant. She committed the offenses on October 8, 1990. Chapter 91-225, which added subsections 11 and 12 to section 948.01, was not approved until May 29, 1991. That chapter provides that the amendments shall take effect on July 1, 1991. Thus, subsections 11 and 12 were not in effect at the time appellant committed the offenses.

Accordingly, we reverse and remand for resentencing in accordance with the law in [214]*214effect at the time the appellant committed the offenses.

PARKER, A.C.J., and ALTENBERND and BLUE, JJ., concur.

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