Pixley v. State

Full title: HARVEY PIXLEY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Jul 1, 1981

400 So. 2d 1030 (Fla. Dist. Ct. App. 1981)

Opinion

No. 80-1139.

July 1, 1981.

Appeal from Circuit Court, Brevard County; Tom Waddell, Jr., Judge.

James B. Gibson, Public Defender, and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Barbara Ann Butler, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

Appellant's split sentence is reversed for resentencing in conformity with Villery v. The Florida Parole and Probation Commission, 396 So.2d 1107 (Fla. 1981) [1981 F.L.W. 313], a decision which was not available to the trial judge because it issued after the sentencing in this case.

REVERSED.

ORFINGER and SHARP, JJ., concur.

COWART, J., dissents with opinion.

COWART, Judge, dissenting:

I dissent for the reasons expressed in the dissent to Wesley v. State, 400 So.2d 175 (Fla. 5th DCA 1981).