Curry v. State

Full title: DAVID LEE CURRY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Nov 6, 1990

568 So. 2d 1346 (Fla. Dist. Ct. App. 1990)

Opinion

No. 90-2392.

November 6, 1990.

An appeal from the Circuit Court for Bay County; Clinton Foster, Judge.

David Davis, Asst. Public Defender, Tallahassee, for appellant.

Jim Rogers, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

AFFIRMED. See Cobb v. State, 567 So.2d 554 (Fla. 1st DCA 1990); Huff v. State, 566 So.2d 945 (Fla. 1st DCA 1990). Fla.R.App.P. 9.315(a). We certify the following question to the supreme court as one of great public importance:

DOES A JEOPARDY VIOLATION RESULT FROM THE IMPOSITION OF A PROBATIONARY SPLIT SENTENCE WHEN THE LEGISLATURE HAS NOT EXPLICITLY AUTHORIZED THAT DISPOSITION IN THE SENTENCING ALTERNATIVES FOR § 921.087, FLA. STAT.?

SHIVERS, C.J., and SMITH and NIMMONS, JJ., concur.