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Alexander v. State

District Court of Appeal of Florida, Second District
Aug 7, 1981
402 So. 2d 485 (Fla. Dist. Ct. App. 1981)

Summary

In Alexander v. State, 402 So.2d 485 (Fla. 2d DCA 1981), we remanded to the trial court for a correction of the sentence with instructions that it could resentence him to a prison term not to exceed the original, combined ten-year term of incarceration and probation, with credit for time served.

Summary of this case from Alexander v. State

Opinion

No. 81-1201.

August 7, 1981.

Appeal pursuant to Fla.R.App.P. 9.140(g) from Circuit Court, Polk County; Clinton A. Curtis, Judge.


In the instant case appellant alleges that he was sentenced to five years imprisonment to be followed by five years probation. Because this is illegal under Villery v. Florida Parole and Probation Commission, 396 So.2d 1107 (Fla. 1981), and because Villery is deemed to be retroactive, we affirm appellant's conviction but remand to the lower court so that it may correct appellant's sentence. In correcting his sentence, the trial court may sentence appellant to be incarcerated for up to ten years with credit for time served. See Lewis v. State, 402 So.2d 482 (Fla.2d DCA 1981).

GRIMES, A.C.J., and OTT and DANAHY, JJ., concur.


Summaries of

Alexander v. State

District Court of Appeal of Florida, Second District
Aug 7, 1981
402 So. 2d 485 (Fla. Dist. Ct. App. 1981)

In Alexander v. State, 402 So.2d 485 (Fla. 2d DCA 1981), we remanded to the trial court for a correction of the sentence with instructions that it could resentence him to a prison term not to exceed the original, combined ten-year term of incarceration and probation, with credit for time served.

Summary of this case from Alexander v. State
Case details for

Alexander v. State

Case Details

Full title:AUSTIN LEE ALEXANDER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Aug 7, 1981

Citations

402 So. 2d 485 (Fla. Dist. Ct. App. 1981)

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