Florida District Courts of Appeal, 1982

Bowen v. State

Florida District Courts of Appeal · Decided June 16, 1982 · Cobb, Dauksch, Upchurch

415 So. 2d 142; 1982 Fla. App. LEXIS 20298 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Spurlock v. State (Fla. Dist. Ct. App. 1984)
Community Federal Savings & Loan Ass'n of the Palm Beaches v. Orman (Fla. Dist. Ct. App. 1984)

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

FRANK D. UPCHURCH, Jr., Judge.

Appellant appeals from an order denying his motion for post conviction relief. Appellant was convicted and sentenced on two counts of battery on a law enforcement officer. On count one, appellant was committed to the Department of Corrections as a youthful offender1 for four years, two years imprisonment followed by two years in a community control program. On count two appellant was placed on probation for five years, to run consecutively with the sentence under count one.

Appellant contends that under Villery v. Florida Parole and Probation Commission, 396 So.2d 1107 (Fla. 1981), his sentence on count one was an illegal split sentence. We disagree and AFFIRM the order based on the reasoning of Riley v. State, 407 So.2d 967 (Fla.2d DCA 1981).

AFFIRMED.

DAUKSCH, C. J., and COBB, J., concur.

. Chapter 958, Fla.Stat. (1979).

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