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327 So. 2d 210

Hults v. State

Supreme Court of Florida

Decided February 11, 1976

Supreme Court of Florida · decided 1976-02-11

Relies on 327 So. 2d 18 - State v. Jones · 307 So. 2d 489 - Hults v. State

Decided 1976-02-11

OVERTON, Justice.

¶1This cause is before us on a petition for writ of certiorari to review a decision of the Second District Court of Appeal reported at 307 So.2d 489 (Fla.App.2nd, 1975). That decision held illegal a sentence placing petitioner on probation after completion of a prison term where the probationary period did not fall within a stayed period of imprisonment. As such, it conflicts with our recent decision in State v. Jones, 327 So.2d 18 (Fla.1976) ,1

¶2The petition for writ of certiorari is granted. We dispense with oral argument and the filing of briefs on the merits. The decision of the District Court is quashed, and the cause is remanded with instructions to reinstate the split sentence probation imposed by the trial judge. State v. Jones, supra.

¶3It is so ordered.

ADKINS, C. J., and ROBERTS and ENGLAND, JJ., concur.BOYD, J., dissents.

¶4. We have jurisdiction. Art. V, § 3(b)(3), Fla.Const.

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