Opinion
No. 94-798.
February 3, 1995.
Appeal from the Circuit Court for Volusia County; John W. Watson, III, Judge.
James B. Gibson, Public Defender, and Susan A. Fagan, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Barbara Arlene Fink, Asst. Atty. Gen., Daytona Beach, for appellee.
This is an appeal from a judgment and sentence in a capital sexual battery case. We find no reversible error regarding the judgment.
The sentence must be vacated. On January 14, 1994 this court ruled in a case from the seventh circuit that a sentence of life imprisonment for capital sexual battery cannot be followed by a life term of probation. See Wilson v. State, 630 So.2d 1186 (Fla. 5th DCA 1994). That precise circumstance is what we have here, in a sentence imposed just two months following the Wilson decision.
We vacate the sentence and remand for imposition of a legal sentence.
SENTENCE VACATED; REMANDED.
HARRIS, C.J., and PETERSON, J., concur.