Florida District Courts of Appeal, 1981

Walker v. State

Walker v. State
Florida District Courts of Appeal · Decided May 26, 1981 · Baskin, Ferguson, Schwartz
399 So. 2d 63; 1981 Fla. App. LEXIS 20027 (Southern Reporter, Second Series)

Walker v. State

Opinion of the Court

PER CURIAM.

Incarceration pursuant to the split sentence alternatives found in Sections 948.-01(4) and 948.03(2), Florida Statutes (1979) which equals or exceeds one year is invalid. This applies to incarceration as a condition of probation as well as to incarceration followed by a specific period of probation. Villery v. The Florida Parole and Probation Commission, 396 So.2d 1107 (Fla. 1981).

Remanded for resentencing in accordance with Villery, supra.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.