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State v. Cummings

Supreme Court of Florida
Jan 14, 1976
327 So. 2d 28 (Fla. 1976)

Opinion

No. 47197.

January 14, 1976.

Writ of Certiorari to the District Court of Appeal, Third District.

Robert L. Shevin, Atty. Gen., and Joel D. Rosenblatt and Elliot H. Scherker, Asst. Attys. Gen., for petitioner.

Phillip A. Hubbart, Public Defender, and Steven Rappaport, Asst. Public Defender, for respondent.


This is a petition for writ of certiorari to review a decision of the Third District Court of Appeal reported at 310 So.2d 374 (Fla.App.3d 1975). The District Court's decision held illegal a probation order which placed the defendant on probation for three years conditioned upon the defendant serving one year in the county jail. The decision is in conflict with our recent decision in State v. Jones, 327 So.2d 18 (Fla. 1975).

We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

The petition for certiorari is granted. We dispense with oral argument and the filing of briefs on the merits. The decision of the District Court is quashed, and the cause is remanded with directions to reinstate the split sentence probation order in accordance with our opinion in State v. Jones, supra.

It is so ordered.

ADKINS, C.J., and ROBERTS and ENGLAND, JJ., concur.

BOYD, J., dissents.


Summaries of

State v. Cummings

Supreme Court of Florida
Jan 14, 1976
327 So. 2d 28 (Fla. 1976)
Case details for

State v. Cummings

Case Details

Full title:STATE OF FLORIDA, PETITIONER, v. TOMMY CUMMINGS, RESPONDENT

Court:Supreme Court of Florida

Date published: Jan 14, 1976

Citations

327 So. 2d 28 (Fla. 1976)

Citing Cases

Jones v. State

State v. Jones, supra.See also, State v. Baker, 327 So.2d 27 (Fla. 1976); State v. Lopez, 327 So.2d 27 (Fla.…