State v. Rodriguez
632 So. 2d 287, 1994 Fla. App. LEXIS 1675, 1994 WL 59428
Procedural entryThis page is a short order in State v. Rodriguez. Read the opinion of the Court — 673 So. 2d 187 →
Opinion
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.
Free access — add to your briefcase to read the full text and ask questions with AI
State v. Rodriguez, 632 So. 2d 287, 1994 Fla. App. LEXIS 1675, 1994 WL 59428 (Fla. Ct. App. 1994).
632 So. 2d 287 (State v. Rodriguez) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Villery v. Florida Parole & Probation Com'n
396 So. 2d 1107 (Supreme Court of Florida, 1981)