Opinion
No. 89,859
November 20, 1997
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance Fifth District — Case No. 96-467 (Orange County).
James B. Gibson, Public Defender and Dee Ball, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, Florida, for Petitioner.
Robert A. Butterworth, Attorney General and Ann M. Childs, Assistant Attorney General, Daytona Beach, Florida, for Respondent.
We have for review State v. McEachern, 22 Fla. L. Weekly D323 (Fla. 5th DCA Jan. 31, 1997), wherein the court certified the following question:
IS A SENTENCE ENTIRELY SUSPENDED ON THE CONDITION THAT THE DEFENDANT SUCCESSFULLY COMPLETE COMMUNITY CONTROL AN ILLEGAL SENTENCE AS CONSTITUTING
AN UNAUTHORIZED SENTENCING ALTERNATIVE WHICH MAY BE APPEALED BY THE STATE AND VACATED ON DIRECT APPEAL?
We have jurisdiction. Art. V, § 3(b)(4), Fla.Const. We quashMcEachern based on State v. Powell, No. 89,964 (Fla. Nov. 20, 1997), wherein we held that as long as there exists a valid reason for a downward departure, a trial court may impose a true split sentence in which the entire period of incarceration is suspended.
It is so ordered.
KOGAN, C.J., and OVERTON, HARDING, WELLS and ANSTEAD, JJ., and GRIMES, Senior Justice, concur.