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649 So. 2d 345

Adkins v. State

District Court of Appeal of Florida

Decided February 3, 1995

District Court of Appeal of Florida · decided 1995-02-03

Cited by 1 later decisions — most recently December 1998

1 state decisions

Relies on 630 So. 2d 1186 - Wilson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1995-02-03

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DAUKSCH, Judge.

¶1This is an appeal from a judgment and sentence in a capital sexual battery case. We find no reversible error regarding the judgment.

¶2The sentence must be vacated. On January 14, 1994 this court ruled in a case from the seventh circuit that a sentence of life imprisonment for capital sexual battery cannot be followed by a life term of probation. See Wilson v. State, 630 So.2d 1186 (Fla. 5th DCA 1994). That precise circumstance is what we have here, in a sentence imposed just two months following the Wilsondecision.

¶3We vacate the sentence and remand for imposition of a legal sentence.

¶4SENTENCE VACATED; REMANDED.

HARRIS, C.J., and PETERSON, J., concur.
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