State v. Rodriguez

District Court of Appeal of Florida

State v. Rodriguez

632 So. 2d 287, 1994 Fla. App. LEXIS 1675, 1994 WL 59428

CourtDistrict Court of Appeal of Florida

DecidedMarch 1, 1994

DocketNo. 93-739

StatusPublished

This text of 632 So. 2d 287 (State v. Rodriguez) 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

State v. Rodriguez, 632 So. 2d 287, 1994 Fla. App. LEXIS 1675, 1994 WL 59428 (Fla. Ct. App. 1994).

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Opinion

PER CURIAM.

We vacate defendant’s non-guideline sentence imposed in violation of Villery v. Florida Parole & Probation Comm’n, 396 So.2d 1107 (Fla.1980). In Villery, 396 So.2d at 1111, the court held that “incarceration, pursuant to the split sentence alternatives found in sections 948.01(4) and 948.03(2), which equals or exceeds one year is invalid. This applies to ... incarceration followed by a specified period of probation.” Accordingly, the cause is remanded for resentencing.

Sentence vacated; cause remanded.

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PER CURIAM.

We vacate defendant’s non-guideline sentence imposed in violation of Villery v. Florida Parole & Probation Comm’n, 396 So.2d 1107 (Fla.1980). In Villery, 396 So.2d at 1111, the court held that “incarceration, pursuant to the split sentence alternatives found in sections 948.01(4) and 948.03(2), which equals or exceeds one year is invalid. This applies to ... incarceration followed by a specified period of probation.” Accordingly, the cause is remanded for resentencing.

Sentence vacated; cause remanded.

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Bluebook (online)

632 So. 2d 287, 1994 Fla. App. LEXIS 1675, 1994 WL 59428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rodriguez-fladistctapp-1994.

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