Catron v. State

District Court of Appeal of Florida

Catron v. State

885 So. 2d 910, 2004 Fla. App. LEXIS 14100, 2004 WL 2112777

CourtDistrict Court of Appeal of Florida

DecidedSeptember 24, 2004

DocketNo. 5D04-2827

StatusPublished

This text of 885 So. 2d 910 (Catron 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

Catron v. State, 885 So. 2d 910, 2004 Fla. App. LEXIS 14100, 2004 WL 2112777 (Fla. Ct. App. 2004).

Pincite

Opinion

ORFINGER, J.

Jason E. Catron appeals the denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Catron was convicted of a third degree felony (lewd and lascivious molestation), and sentenced to 12.1 months of incarceration followed by two years of probation. Catron contends that the imposition of probation following incarceration is illegal.

In denying Catron’s motion in the circuit court, the trial judge concluded that “the defendant’s motion makes no sense whatsoever; it’s totally without merit.” We agree. A probationary split sentence consisting of a period of confinement, none of which is suspended, followed by a period of probation, is a legitimate sentencing option in Florida. See Poore v. State, 531 So.2d 161, 164 (Fla.1988), superseded by statute on other grounds recognized in Crews v. State, 779 So.2d 492 (Fla. 2d DCA 2000); see also § 948.01, Fla. Stat. (2002).

AFFIRMED.

SAWAYA, C.J., and SHARP, W., J., concur.

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

ORFINGER, J.

Jason E. Catron appeals the denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Catron was convicted of a third degree felony (lewd and lascivious molestation), and sentenced to 12.1 months of incarceration followed by two years of probation. Catron contends that the imposition of probation following incarceration is illegal.

In denying Catron’s motion in the circuit court, the trial judge concluded that “the defendant’s motion makes no sense whatsoever; it’s totally without merit.” We agree. A probationary split sentence consisting of a period of confinement, none of which is suspended, followed by a period of probation, is a legitimate sentencing option in Florida. See Poore v. State, 531 So.2d 161, 164 (Fla.1988), superseded by statute on other grounds recognized in Crews v. State, 779 So.2d 492 (Fla. 2d DCA 2000); see also § 948.01, Fla. Stat. (2002).

AFFIRMED.

SAWAYA, C.J., and SHARP, W., J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

885 So. 2d 910, 2004 Fla. App. LEXIS 14100, 2004 WL 2112777, Counsel Stack Legal Research, https://law.counselstack.com/opinion/catron-v-state-fladistctapp-2004.

Opinion

Related

Cite This Page — Counsel Stack