State v. Rodriguez
State v. Rodriguez
632 So. 2d 287; 1994 Fla. App. LEXIS 1675; 1994 WL 59428
(Southern Reporter, Second Series)
State v. Rodriguez
Opinion of the Court
We vacate defendant’s non-guideline sentence imposed in violation of Villery v. Florida Parole & Probation Comm’n, 396 So.2d 1107 (Fla. 1980). In Villery, 396 So.2d at 1111, the court held that “incarceration, pursuant to the split sentence alternatives found in sections 948.01(4) and 948.03(2), which equals or exceeds one year is invalid. This applies to ... incarceration followed by a specified period of probation.” Accordingly, the cause is remanded for resentencing.
Sentence vacated; cause remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.