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632 So. 2d 287

State v. Rodriguez

District Court of Appeal of Florida · decided 1994-03-01

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

Decided 1994-03-01

PER CURIAM.

¶1We vacate defendant’s non-guideline sentence imposed in violation of Villery v. Florida Parole & Probation Comm’n, 396 So.2d 1107 (Fla.1980). In Villery, 396 So.2d at 1111, the court held that “incarceration, pursuant to the split sentence alternatives found in sections 948.01(4) and 948.03(2), which equals or exceeds one year is invalid. This applies to ... incarceration followed by a specified period of probation.” Accordingly, the cause is remanded for resentencing.

¶2Sentence vacated; cause remanded.

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