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Florida District Courts of Appeal, 1990

Miller v. State

Miller v. State
Florida District Courts of Appeal · Decided October 10, 1990 · Joanos, Shivers, Zehmer
567 So. 2d 1041; 1990 Fla. App. LEXIS 7983; 1990 WL 154779 (Southern Reporter, Second Series)

Miller v. State

Opinion of the Court

PER CURIAM.

AFFIRMED. Huff v. State, 566 So.2d 945 (Fla. 1st DCA, 1990); Florida Rule of Appellate Procedure 9.315. We certify the *1042following question to the supreme court as one of great public importance:

DOES A DOUBLE JEOPARDY VIOLATION RESULT FROM THE IMPOSITION OF A PROBATIONARY SPLIT SENTENCE WHEN THE LEGISLATURE HAS NOT EXPLICITLY AUTHORIZED THAT DISPOSITION IN THE SENTENCING ALTERNATIVES FOR SECTION 921.087, FLORIDA STATUTES?
SHIVERS, C.J., JOANOS and ZEHMER, JJ., concur.

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