Florida District Courts of Appeal, 1981

Bruno v. State

Florida District Courts of Appeal · Decided March 25, 1981 · Ervin, McCord, Smith

395 So. 2d 631; 1981 Fla. App. LEXIS 19838 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Rita v. State (Fla. Dist. Ct. App. 1985)

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Opinion of the Court

ROBERT P. SMITH, Jr., Judge.

Bruno’s appeal from an order denying his Rule 3.850 motion for postconviction relief urges that a split sentence committing him to the Department of Corrections for five years, three to be served by imprisonment, followed by two on probation, is unlawfully equivalent to a sentence of probation for five years on condition that the subject serve three years in prison. Villery v. Parole and Probation Commission, 396 So.2d 1107 (Fla. 1980). We disagree. See Hollingsworth v. State, 394 So.2d 580 (Fla. 5th DCA 1981).

AFFIRMED.

McCORD and ERVIN, JJ., concur.

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