Public-domain · open source
OpenJurist

399 So. 2d 441

Docket No. 80-982.

Hampton v. State

Donald Edward HAMPTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1981-06-03

Cited by 4 later decisions — most recently November 1984

4 state decisions

Relies on 396 So. 2d 1107 - Villery v. Florida Parole & Probation Com'n · 384 So. 2d 956 - Jones v. State · 382 So. 2d 107 - Bell v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1981-06-03

View the full empirical analysis of this case →

¶1James B. Gibson, Public Defender, and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for appellee.

¶3DAUKSCH, Chief Judge.

¶4This is an appeal from an illegal sentence. The sentence is illegal because it violates the Villery v. Florida Parole and Probation Commission, 396 So.2d 1107 (Fla. 1981) [1981 F.L.W. 313], proscription against split sentences. It is also illegal because it is an enhanced penalty sentence without the requisite finding that the greater penalty was necessary for the protection of the public. Bell v. State, 382 So.2d 107 (Fla. 5th DCA 1980). But this error was not preserved for appeal because no objection was made to the trial court. Jones v. State, 384 So.2d 956 (Fla. 5th DCA 1980). Since the sentence must be reversed under Villery, we suggest the enhanced penalty statute be complied with if it is applied upon resentencing.

¶5REVERSED AND REMANDED.

¶6ORFINGER and SHARP, JJ., concur.

/399/so2d/441 · .json · Public domain