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566 So. 2d 945

Docket No. 89-972.

Huff v. State

David Lee HUFF, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided September 21, 1990.

District Court of Appeal of Florida · decided 1990-09-21

Relies on 531 So. 2d 161 - Poore v. State · Glass v. State · 558 So. 2d 534 - Buckley v. State

Decided 1990-09-21

¶1Michael E. Allen, Public Defender, Paula S. Saunders, Asst. Public Defender, Tallahassee, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Virlindia A. Sample, Asst. Atty. Gen., Tallahassee, for appellee.

¶3SHIVERS, Chief Judge.

¶4We affirm the probationary split sentence imposed by the trial court, on the basis of the supreme court's holding in Poore v. State, 531 So.2d 161 (Fla. 1988). See also Glass v. State, 556 So.2d 465 (Fla. 1st DCA 1990); Buckley v. State, 558 So.2d 534 (Fla. 1st DCA 1990); Schesny v. State, 564 So.2d 640 (Fla. 1st DCA 1990). As in Glass, Buckley, and Schesny, however, we certify the following question to the supreme court as one of great public importance:

DOES A DOUBLE JEOPARDY VIOLATION RESULT FROM THE IMPOSITION OF A PROBATIONARY SPLIT SENTENCE WHEN THE LEGISLATURE HAS NOT EXPLICITLY AUTHORIZED *946 THAT DISPOSITION IN THE SENTENCING ALTERNATIVES OF SECTION 921.187, FLORIDA STATUTES?

¶5Accordingly, appellant's sentence is hereby AFFIRMED.

¶6JOANOS and ZEHMER, JJ., concur.

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