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Dykes v. State

District Court of Appeal of Florida, Fifth District
Mar 14, 1991
576 So. 2d 847 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-1309.

March 14, 1991.

Appeal from the Circuit Court, Volusia County, Robert P. Miller, J.

James B. Gibson, Public Defender, and James R. Wulchak, Chief, Appellate Division, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.


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.


Summaries of

Dykes v. State

District Court of Appeal of Florida, Fifth District
Mar 14, 1991
576 So. 2d 847 (Fla. Dist. Ct. App. 1991)
Case details for

Dykes v. State

Case Details

Full title:JOSEPH W. DYKES, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Mar 14, 1991

Citations

576 So. 2d 847 (Fla. Dist. Ct. App. 1991)

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