Schesny v. State
Schesny v. State
575 So. 2d 654; 16 Fla. L. Weekly Supp. 195; 1991 Fla. LEXIS 356; 1991 WL 25372
(Southern Reporter, Second Series)
Schesny v. State
Opinion of the Court
Daniel Edward Schesny petitions this Court to review Schesny v. State, 564 So.2d 640 (Fla. 1st DCA 1990), in which the First District Court of Appeal affirmed Schesny’s probationary split sentence. The district court certified the following question 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?
Id. at 640-41.
IS THERE STATUTORY AUTHORIZATION FOR A PROBATIONARY SPLIT SENTENCE?
We answered the rephrased question in the affirmative.
It is so ordered.
. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.