Florida District Courts of Appeal, 1995

Adkins v. State

Florida District Courts of Appeal · Decided February 3, 1995 · Dauksch, Harris, Peterson

649 So. 2d 345; 1995 Fla. App. LEXIS 786; 1995 WL 39869 (Southern Reporter, Second Series)

Opinion of the Court

DAUKSCH, Judge.

This is an appeal from a judgment and sentence in a capital sexual battery case. We find no reversible error regarding the judgment.

The sentence must be vacated. On January 14, 1994 this court ruled in a case from the seventh circuit that a sentence of life imprisonment for capital sexual battery cannot be followed by a life term of probation. See Wilson v. State, 630 So.2d 1186 (Fla. 5th DCA 1994). That precise circumstance is what we have here, in a sentence imposed just two months following the Wilson decision.

We vacate the sentence and remand for imposition of a legal sentence.

SENTENCE VACATED; REMANDED.

HARRIS, C.J., and PETERSON, J., concur.

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