Alexander v. State

Austin Lee ALEXANDER v. STATE of Florida

Alexander v. State, 402 So. 2d 485 (Fla. Dist. Ct. App. 1981)

Court: District Court of Appeal of Florida · State Appellate Courts
Decided: August 7, 1981
Docket: No. 81-1201
Judges: Ahy, Dan, Grimes, Ott
Citations: 402 So. 2d 4851981 Fla. App. LEXIS 20785

Cited by 3

Opinion of the Court

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PER CURIAM.

In the instant case appellant alleges that he was sentenced to five years imprisonment to be followed by five years probation. Because this is illegal under Villery v. Florida Parole and Probation Commission, 396 So.2d 1107 (Fla.1981), and because Villery is deemed to be retroactive, we affirm appellant’s conviction but remand to the lower court so that it may correct appellant’s sentence. In correcting his sentence, the trial court may sentence appellant to be incarcerated for up to ten years with credit for time served. See Lewis v. State, 402 So.2d 482 (Fla.2d DCA 1981).

GRIMES, A.C.J., and OTT and DAN-AHY, JJ., concur.

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Cited by 3 cases

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State Appellate Courts3

Relies on it most ⓘ

Kindell v. State413 So. 2d 1283 (Fla. Dist. Ct. App. 1982)
Alexander v. State422 So. 2d 25 (Fla. Dist. Ct. App. 1982)
Gomez v. State409 So. 2d 1096 (Fla. Dist. Ct. App. 1982)

Most recent

Alexander v. State422 So. 2d 25 (Fla. Dist. Ct. App. 1982)
Kindell v. State413 So. 2d 1283 (Fla. Dist. Ct. App. 1982)
Gomez v. State409 So. 2d 1096 (Fla. Dist. Ct. App. 1982)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

Depth	Case	Cited by
	Villery v. Fla. Parole & Prob. Com'n, 396 So. 2d 1107 (Fla. 1981)	255
	Lewis v. State, 402 So. 2d 482 (Fla. Dist. Ct. App. 1981)	22

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