McEachern v. State

Supreme Court of Florida

McEachern v. State

701 So. 2d 865, 22 Fla. L. Weekly Supp. 723, 1997 Fla. LEXIS 1960, 1997 WL 717873

CourtSupreme Court of Florida

DecidedNovember 20, 1997

DocketNo. 89859

StatusPublished

Cited by2 cases

This text of 701 So. 2d 865 (McEachern 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

McEachern v. State, 701 So. 2d 865, 22 Fla. L. Weekly Supp. 723, 1997 Fla. LEXIS 1960, 1997 WL 717873 (Fla. 1997).

Pincite

Opinion

SHAW, Justice.

We have for review State v. McEachern, 700 So.2d 1 (Fla. 5th DCA 1997), wherein the court certified the following question:

IS A SENTENCE ENTIRELY SUSPENDED ON THE CONDITION THAT THE DEFENDANT SUCCESSFULLY COMPLETE COMMUNITY CONTROL AN ILLEGAL SENTENCE AS CONSTI[866]*866TUTING AN UNAUTHORIZED SENTENCING ALTERNATIVE WHICH MAY BE APPEALED BY THE STATE AND VACATED ON DIRECT APPEAL?

We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We quash McEachern based on State v. Powell, No. 89,964, — So.2d -, 1997 WL 718233 (Fla. Nov. 20, 1997), wherein we held that as long as there exists a valid reason for a downward departure, a trial court may impose a true split sentence in which the entire period of incarceration is suspended.

It is so ordered.

KOGAN, C.J., OVERTON, HARDING, WELLS and ANSTEAD, JJ., and GRIMES, Senior Justice, concur.

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