Opinion
No. 46831.
January 14, 1976.
Writ of Certiorari to the District Court of Appeal, Third District.
Robert L. Shevin, Atty. Gen., and Joel D. Rosenblatt, Asst. Atty. Gen., for petitioner.
Phillip A. Hubbart, Public Defender, and Kurt Marmar, Asst. Public Defender, for respondent.
This is a petition for writ of certiorari to review a decision of the Third District Court of Appeal reported at 305 So.2d 268 (Fla.App.3d 1974). The District Court found improper a two-year probation order which included a condition that the defendant be incarcerated in the Dade County jail for a period of eleven months.
The decision of the District Court is in conflict with our recent decision in State v. Jones, 327 So.2d 18 (Fla. 1975).
We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.
The petition for certiorari is granted. We dispense with oral argument and the filing of briefs on the merits. The decision of the District Court is quashed, and this cause is remanded with directions to reinstate the split sentence probation order in accordance with our opinion in State v. Jones, supra.
It is so ordered.
ADKINS, C.J., and ROBERTS and ENGLAND, JJ., concur.
BOYD, J., dissents.