Florida District Courts of Appeal, 1991

Dykes v. State

Dykes v. State
Florida District Courts of Appeal · Decided March 14, 1991 · Cowart, Harris, Sharp
576 So. 2d 847; 1991 Fla. App. LEXIS 2197; 1991 WL 33000 (Southern Reporter, Second Series)

Dykes v. State

Opinion of the Court

COWART, Judge.

As to each of four forgery convictions (Counts I, II, III and IV of the information in case no. 89-7947), the trial court imposed a probationary split sentence of two years incarceration followed by one year of probation and then ordered each sentence to run consecutive to each other. We vacate the sentences and remand for resentencing because the sentences as imposed result in consecutive periods of incarceration interrupted by probation, contrary to Turner v. State, 551 So.2d 1247 (Fla. 5th DCA 1989).

SENTENCES VACATED; CAUSE REMANDED FOR RESENTENCING.

W. SHARP and HARRIS, JJ., concur.

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