Russell v. State

District Court of Appeal of Florida

Russell v. State

386 So. 2d 285, 1980 Fla. App. LEXIS 17234

CourtDistrict Court of Appeal of Florida

DecidedJuly 9, 1980

DocketNo. 80-837

StatusPublished

Cited by3 cases

This text of 386 So. 2d 285 (Russell 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

Russell v. State, 386 So. 2d 285, 1980 Fla. App. LEXIS 17234 (Fla. Ct. App. 1980).

Pincite

Opinion

PER CURIAM.

This is an appeal from the denial of a post conviction motion filed pursuant to Rule 3.850, Fla.R.Crim.P. Appellant was placed on probation for a term of fifteen years with the special condition that he be incarcerated in the State prison for three years. He contends this “sentence” is illegal.

We adopt the holding and the rationale expressed in Olcott v. State, 378 So.2d 303 (Fla. 2nd DCA 1979) and reverse the “sentence” imposed upon appellant. We also agree with the Second District that a limitation upon the length of a prison term imposed as a condition of probation is a matter of great public importance and should be determined by the Florida Supreme Court consistent with the legislative scheme for parole as reflected in Chapter 947, Florida Statutes (1979).

The order placing the appellant on probation is vacated to the extent that it imposes a three year period of incarceration as a condition of probation and this cause is remanded for further consideration by the trial court consistent with the opinion in Olcott, supra.

MOORE, HERSEY and HURLEY, JJ., concur.

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