Messina v. State
Messina v. State
Opinion of the Court
Appellant challenges his sentence on several grounds. We affirm in part and reverse in part.
Appellant’s second issue, involving the sentence which might be imposed if appellant were to violate the conditions of his probation, is not ripe for adjudication, and is therefore disregarded.
As to appellant’s challenge of the legality of the “probationary split sentence” imposed, we find that we are bound by Poore v. State, 531 So.2d 161 (Fla. 1988).
With regard to appellant’s last issue, notwithstanding recent federal decisions,
The sentence is AFFIRMED, but the imposition of costs is REVERSED and the case is REMANDED to the trial court for further proceedings.
. See e.g., United, States v. Cooper, 870 F.2d 586 (llth Cir. 1989).
Concurring Opinion
concurring:
I concur in the majority opinion, but I think we should continue to certify to the Florida Supreme Court, as a matter of great public importance, the following question:
Will the court reconsider the validity of the probationary split sentence authorized in Poore v. State, 531 So.2d 161 (Fla. 1988), which has the effect of permitting more than one sentence for the same offense, in light of the fact that the legislature has not authorized that disposition in the sentencing alternatives of section 921.187, Florida Statutes?
Case-law data current through December 31, 2025. Source: CourtListener bulk data.