Masslino v. State

District Court of Appeal of Florida

Masslino v. State

569 So. 2d 520, 1990 Fla. App. LEXIS 8552, 1990 WL 175072

CourtDistrict Court of Appeal of Florida

DecidedNovember 9, 1990

DocketNo. 89-03241

StatusPublished

This text of 569 So. 2d 520 (Masslino 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

Masslino v. State, 569 So. 2d 520, 1990 Fla. App. LEXIS 8552, 1990 WL 175072 (Fla. Ct. App. 1990).

Pincite

Opinion

PER CURIAM.

This cause is before us on appeal from a judgment and sentence for possession of cocaine. The trial court sentenced appellant under the habitual felony offender statute to four years’ incarceration to be followed by four years’ probation. Appellant argues that this sentence violates the constitutional prohibition against double jeopardy.

In accordance with Poore v. State, 531 So.2d 161 (Fla.1988), we affirm the probationary split sentence. We certify to the Supreme Court of Florida, however, the following question as one 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?

ERVIN, BOOTH and BARFIELD, JJ., concur.

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