Florida District Courts of Appeal, 1990

Chambers v. State

Chambers v. State
Florida District Courts of Appeal · Decided November 16, 1990 · Nimmons, Shivers, Smith
569 So. 2d 933; 1990 Fla. App. LEXIS 8784; 1990 WL 178634 (Southern Reporter, Second Series)

Chambers v. State

Opinion of the Court

SHIVERS, Chief Judge.

We affirm the trial court’s imposition of a probationary split sentence on the authority of Poore v. State, 531 So.2d 161 (Fla. 1988). As in Glass v. State, 556 So.2d 465 (Fla. 1st DCA 1990), however, we certify the following question to the Florida 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 of section 921.187, Florida Statutes?

AFFIRMED.

SMITH and NIMMONS, JJ., concur.

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