Florida District Courts of Appeal, 1990

Cunningham v. State

Cunningham v. State
Florida District Courts of Appeal · Decided December 14, 1990 · Ervin, Miner, Wigginton
570 So. 2d 1147; 1990 Fla. App. LEXIS 9455; 1990 WL 205445 (Southern Reporter, Second Series)

Cunningham v. State

Opinion of the Court

PER CURIAM.

AFFIRMED. As in Glass v. State, 556 So.2d 465 (Fla. 1st DCA 1990), Betsey v. State, 558 So.2d 202 (Fla. 1st DCA 1990), Buckley v. State, 558 So.2d 534 (Fla. 1st DCA 1990), and Miller v. State, 567 So.2d 1041 (Fla. 1st DCA 1990), we certify the following 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 OF *1148SECTION 921.187, FLORIDA STATUTES?
ERVIN, WIGGINTON and MINER, JJ., concur.

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