¶1In 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 Villeryis 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).
402 So. 2d 485
Alexander v. State
District Court of Appeal of Florida
Decided August 7, 1981
District Court of Appeal of Florida · decided 1981-08-07
Cited by 3 later decisions — most recently September 1982
3 state decisions
Relies on 396 So. 2d 1107 - Villery v. Florida Parole & Probation Com'n · 402 So. 2d 482 - Lewis v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1981-08-07
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