Alexander v. State
| Decision Date | 07 August 1981 |
| Docket Number | No. 81-1201,81-1201 |
| Citation | 402 So.2d 485 |
| Parties | Austin Lee ALEXANDER, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal pursuant to Fla.R.App.P. 9.140(g) from Circuit Court, Polk County; Clinton A. Curtis, Judge.
In the instant case appellant alleges that he was sentenced to five years imprisonment to be followed by five years probation. Because this is illegal under Villery v. Florida Parole and Probation Commission, 396 So.2d 1107 (Fla.1981), and because Villery is deemed to be retroactive, we affirm appellant's conviction but remand to the lower court so that it may correct appellant's sentence. In correcting his sentence, the trial court may sentence appellant to be incarcerated for up to ten years with credit for time served. See Lewis v. State, 402 So.2d 482 (Fla.2d DCA 1981).
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Kindell v. State, 78-1884
...3, 1982); Gomez v. State, 409 So.2d 1096 (Fla. 3d DCA 1981); Flynn v. State, 413 So.2d 36 (Fla. 1st DCA 1981); Alexander v. State, 402 So.2d 485 (Fla. 2d DCA 1981); Lewis v. State, 402 So.2d 482 (Fla. 2d DCA 1981), the appellant may wish to decline correction of her sentence. Accordingly, w......
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Alexander v. State, 81-1448
...appellant filed another Rule 3.850 motion and appealed to this court from the denial of the original motion. In Alexander v. State, 402 So.2d 485 (Fla. 2d DCA 1981), we remanded to the trial court for a correction of the sentence with instructions that it could resentence him to a prison te......
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Gomez v. State, 81-395
...for time served). Flynn v. State, --- So.2d ---- (Fla. 1st DCA 1981) (case no. AE-15, opinion filed October 30, 1981); Alexander v. State, 402 So.2d 485 (Fla. 2d DCA 1981); Lewis v. State, 402 So.2d 482 (Fla. 2d DCA 1981). In light of this construction placed on Villery, supra, which could ......