Florida District Courts of Appeal, 1981

Alexander v. State

Florida District Courts of Appeal · Decided August 7, 1981 · Ahy, Dan, Grimes, Ott

402 So. 2d 485; 1981 Fla. App. LEXIS 20785 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

Kindell v. State (Fla. Dist. Ct. App. 1982)
Gomez v. State (Fla. Dist. Ct. App. 1982)
Alexander v. State (Fla. Dist. Ct. App. 1982)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

In the instant case appellant alleges that he was sentenced to five years imprisonment to be followed by five years probation. Because this is illegal under Villery v. Florida Parole and Probation Commission, 396 So.2d 1107 (Fla. 1981), and because Villery is deemed to be retroactive, we affirm appellant’s conviction but remand to the lower court so that it may correct appellant’s sentence. In correcting his sentence, the trial court may sentence appellant to be incarcerated for up to ten years with credit for time served. See Lewis v. State, 402 So.2d 482 (Fla.2d DCA 1981).

GRIMES, A.C.J., and OTT and DAN-AHY, JJ., concur.

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