Summary
In Withers, the trial court held that defendant John Makar ("Makar") was acting as the alter ego of defendant Timber Products, Inc.
Summary of this case from Nussli US, LLC v. Nola Motorsports Host Comm., Inc.Opinion
No. 76668.
March 21, 1991.
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance.
Nancy Daniels, Public Defender and P. Douglas Brinkmeyer, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for petitioner.
Robert A. Butterworth, Atty. Gen. and Virlindia Doss, Asst. Atty. Gen., Tallahassee, for respondent.
David Huff seeks review of Huff v. State, 566 So.2d 945 (Fla. 1st DCA 1990), in which the district court upheld his probationary split sentence. The district court certified the following as a question of great public importance:
We have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution.
DOES A DOUBLE JEOPARDY VIOLATION RESULT FROM THE IMPOSITION OF A PROBATIONARY SPLIT SENTENCE WHEN THE LEGISLATURE HAS NOT EXPLICITLY AUTHORIZED THAT DISPOSITION IN THE SENTENCING ALTERNATIVES OF SECTION 921.187, FLORIDA STATUTES?Id. at 945-46. In Glass v. State, 574 So.2d 1099, 1101 (Fla. 1991), we rephrased the identical question as:
IS THERE STATUTORY AUTHORIZATION FOR A PROBATIONARY SPLIT SENTENCE?
We answered the rephrased question in the affirmative. In accordance with Glass v. State, we approve the decision of the First District Court of Appeal in this case.
It is so ordered.
SHAW, C.J., and OVERTON, McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.