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400 So. 2d 475

Roberts v. State

District Court of Appeal of Florida · decided 1981-04-15

Cited by 1 later decisions — most recently June 1985

1 state decisions

Relies on 396 So. 2d 1107 - Villery v. Florida Parole & Probation Com'n

Good law ✅— No negative treatment on recordhow we know

Decided 1981-04-15

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¶1ON REHEARING GRANTED

ORFINGER, Judge.

¶2Subsequent to the filing of the original opinion in this case, the Supreme Court issued its revised opinion in Villery v. Florida Parole and Probation Commission, 396 So.2d 1107 (Fla.1981) and the court has clearly applied the principles of that opinion to split sentences under section 948.01(4), Florida Statutes (1979).

¶3The order entered below denying relief to appellant under Florida Rule of Criminal Procedure 3.850 is reversed insofar as it denied correction of appellant’s split sentence of five years of incarceration followed by ten years of probation, and the case is remanded to the trial court for resentencing in the light of Villery. Except as noted, we adhere to our original opinion.

¶4AFFIRMED in part, REVERSED in part, and REMANDED.

¶5COBB and FRANK D. UPCHURCH, Jr., JJ., concur.

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