Dykes v. State

District Court of Appeal of Florida

Dykes v. State

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

District Court of Appeal of Florida·Decided March 14, 1991·No. No. 90-1309·Published·Cited by 1 cases

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.

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

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.

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

Pincite

576 So. 2d 847 (Dykes v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related