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Catron v. State

District Court of Appeal of Florida, Fifth District
Nov 4, 2004
885 So. 2d 910 (Fla. Dist. Ct. App. 2004)

Opinion

No. 5D04-2827.

September 24, 2004. Rehearing Denied November 4, 2004.

3.800 Appeal from the Circuit Court for St. Johns County, Robert K. Mathis, Judge.

Jason E. Catron, Jasper, Pro Se.

No Appearance for Appellee.


Jason E. Catron appeals the denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Catron was convicted of a third degree felony (lewd and lascivious molestation), and sentenced to 12.1 months of incarceration followed by two years of probation. Catron contends that the imposition of probation following incarceration is illegal.

In denying Catron's motion in the circuit court, the trial judge concluded that "the defendant's motion makes no sense whatsoever; it's totally without merit." We agree. A probationary split sentence consisting of a period of confinement, none of which is suspended, followed by a period of probation, is a legitimate sentencing option in Florida. See Poore v. State, 531 So.2d 161, 164 (Fla. 1988), superseded by statute on other grounds recognized in Crews v. State, 779 So.2d 492 (Fla. 2d DCA 2000); see also § 948.01, Fla. Stat. (2002).

AFFIRMED.

SAWAYA, C.J., and SHARP, W., J., concur.


Summaries of

Catron v. State

District Court of Appeal of Florida, Fifth District
Nov 4, 2004
885 So. 2d 910 (Fla. Dist. Ct. App. 2004)
Case details for

Catron v. State

Case Details

Full title:Jason E. CATRON, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Nov 4, 2004

Citations

885 So. 2d 910 (Fla. Dist. Ct. App. 2004)