Dykes v. State

District Court of Appeal of Florida

Dykes v. State

576 So. 2d 847, 1991 Fla. App. LEXIS 2197, 1991 WL 33000

CourtDistrict Court of Appeal of Florida

DecidedMarch 14, 1991

DocketNo. 90-1309

StatusPublished

Cited by1 cases

This text of 576 So. 2d 847 (Dykes 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.

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Dykes v. State, 576 So. 2d 847, 1991 Fla. App. LEXIS 2197, 1991 WL 33000 (Fla. Ct. App. 1991).

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Opinion

COWART, Judge.

As to each of four forgery convictions (Counts I, II, III and IV of the information in case no. 89-7947), the trial court imposed a probationary split sentence of two years incarceration followed by one year of probation and then ordered each sentence to run consecutive to each other. We vacate the sentences and remand for resentencing because the sentences as imposed result in consecutive periods of incarceration interrupted by probation, contrary to Turner v. State, 551 So.2d 1247 (Fla. 5th DCA 1989).

SENTENCES VACATED; CAUSE REMANDED FOR RESENTENCING.

W. SHARP and HARRIS, JJ., concur.

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COWART, Judge.

As to each of four forgery convictions (Counts I, II, III and IV of the information in case no. 89-7947), the trial court imposed a probationary split sentence of two years incarceration followed by one year of probation and then ordered each sentence to run consecutive to each other. We vacate the sentences and remand for resentencing because the sentences as imposed result in consecutive periods of incarceration interrupted by probation, contrary to Turner v. State, 551 So.2d 1247 (Fla. 5th DCA 1989).

SENTENCES VACATED; CAUSE REMANDED FOR RESENTENCING.

W. SHARP and HARRIS, JJ., concur.

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576 So. 2d 847, 1991 Fla. App. LEXIS 2197, 1991 WL 33000, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dykes-v-state-fladistctapp-1991.

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