Leftwich v. State

Full title: ROBERT BLAINE LEFTWICH, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Jun 10, 1981

399 So. 2d 496 (Fla. Dist. Ct. App. 1981)

Opinion

Nos. 80-682, 80-683.

June 10, 1981.

Appeal from Circuit Court, St. Johns County; Richard O. Watson, Judge.

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Chief Judge.

This is an appeal from a split sentence. Because Villery v. The Florida Parole and Probation Commission, 396 So.2d 1107 (Fla. 1981) has outlawed split sentences where the incarceration is for one year or more we reverse the sentence and remand this matter to the trial court for resentencing.

REVERSED AND REMANDED.

COBB and FRANK D. UPCHURCH, Jr., JJ., concur.