Huff v. State

Supreme Court of Florida

Huff v. State

575 So. 2d 1291, 16 Fla. L. Weekly Supp. 224, 1991 Fla. LEXIS 456, 1991 WL 36677

CourtSupreme Court of Florida

DecidedMarch 21, 1991

DocketNo. 76668

StatusPublished

Cited by1 cases

This text of 575 So. 2d 1291 (Huff v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Huff v. State, 575 So. 2d 1291, 16 Fla. L. Weekly Supp. 224, 1991 Fla. LEXIS 456, 1991 WL 36677 (Fla. 1991).

Pincite

Opinion

PER CURIAM.

David Huff seeks review of Huff v. State, 566 So.2d 945 (Fla. 1st DCA 1990), in which the district court upheld his probationary split sentence.¹ The district court certified the following as a question of great public importance:

DOES A DOUBLE JEOPARDY VIOLATION RESULT FROM THE IMPOSITION OF A PROBATIONARY SPLIT SENTENCE WHEN THE LEGISLATURE HAS NOT EXPLICITLY AUTHORIZED THAT DISPOSITION IN THE SENTENCING ALTERNATIVES OF SECTION ■ 921.187, FLORIDA STATUTES?

Id. at 945-46. In Glass v. State, 574 So.2d 1099, 1101 (Fla.1991), we rephrased the identical question as:

IS THERE STATUTORY AUTHORIZATION FOR A PROBATIONARY SPLIT SENTENCE?

We answered the rephrased question in the affirmative. In accordance with Glass v. State, we approve the decision of the First District Court of Appeal in this case.

It is so ordered.

SHAW, C.J., and OVERTON, McDonald, barkett, grimes, KOGAN and HARDING, JJ., concur.

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