Turner v. State
Turner v. State
Opinion of the Court
This is an appeal from an order denying post-conviction relief. In July 1978, the
Subsequent to the trial court’s denial of the appellant’s motion, the Florida Supreme Court issued its opinion in Villery v. Florida Parole and Probation Commission, 396 So.2d 1107 (Fla. 1981). In Villery, 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 as a condition of probation as well as to incarceration followed by a specified period of* probation. ... this decision applies retroactively.
Id. at 1111. In view of this language, the trial court’s order is reversed, and this cause is remanded for resentencing pursuant to the guidelines set forth in Villery. See 396 So.2d at 1111-12.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.