Brown v. State, 84-262
| Decision Date | 15 November 1984 |
| Docket Number | No. 84-262,84-262 |
| Citation | 460 So.2d 427 |
| Parties | Charles Revere BROWN, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James B. Gibson, Public Defender, and James R. Wulchak, Chief, Appellate Division, Asst. Public Defender, Daytona Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellee.
Appellant Charles Brown appeals his sentence for arson contending it violates Villery v. Florida Parole & Probation Commission, 396 So.2d 1107 (Fla.1981). Brown was sentenced to eight years imprisonment followed by seven years probation. The trial court overruled appellant's objection to the split sentence stating that Villery had been statutorily abolished by the legislature when it enacted chapter 83-131, the Correctional Reform Act of 1983. The Act created section 921.187, Florida Statutes, which reads in part as follows:
Disposition and sentencing; alternatives.--The following alternatives for the disposition of criminal cases shall be used in a manner which will best serve the needs of society, which will punish criminal offenders, and which will provide the opportunity for rehabilitation. The court may:
* * *
* * *
(7) Impose a split sentence whereby the offender is to be placed on probation upon completion of any specified period of such sentence, which may include a term of years or less. (emphasis added)
In addition, section 948.01(4) was amended by chapter 83-131 and renumbered as subsection (8). This subsection now reads as follows:
Whenever punishment by imprisonment for a misdemeanor or a felony, except for a capital felony, is prescribed, the court, in its discretion, may, at the time of sentencing, direct the defendant to be placed on probation or, with respect to any such felony, into community control upon completion of any specified period of such sentence. In such case, the court shall stay and withhold the imposition of the remainder of sentence imposed upon the defendant and direct that the defendant be placed upon probation or into community control after serving such period as may be imposed by the court. The period of probation shall commence immediately upon the release of the defendant from incarceration, whether by parole or gain-time allowances. (emphasis added)
While we have found no cases so holding, it appears that chapter 83-131 does abrogate the holding in Villery. We conclude however, that the change cannot be applied retroactively.
The crime for which appellant was sentenced was committed prior to October 1, 1983, the effective date of the Act. In ...
To continue reading
Request your trial
-
Poore v. State
...control in lieu of probation. Since 1983, section 921.187(1)(g), Florida Statutes, also authorizes split sentences (see Brown v. State, 460 So.2d 427 (Fla. 5th DCA 1984)). Section 958.04, Florida Statutes, relating to youthful offenders, was amended by chapter 85-288, section 20, Laws of Fl......
-
Shively v. State, 84-1524
...ex post facto clause if it is both retrospective and more onerous than the law in effect on the date of the offense. Brown v. State, 460 So.2d 427 (Fla. 5th DCA 1984) citing Weaver v. Graham, 450 U.S. 24, 101 S.Ct. 960, 965, 67 L.Ed.2d 17 (1981). In this case the amendment is more onerous b......
-
Moore v. State, 84-1434
...I, § 10, Fla. Const.; Wilensky v. Fields, 267 So.2d 1 (Fla.1972); Miller v. State, 468 So.2d 1018 (Fla. 4th DCA 1985); Brown v. State, 460 So.2d 427 (Fla. 5th DCA 1984); Carter v. State, 452 So.2d 953, n. 3 at 954 (Fla. 5th DCA 1984). Even though we affirm the balance of this appeal, the se......
-
Stites v. State
...JJ., concur. 1 Villery was superseded in part by statute. See Griner v. State, 523 So.2d 789 (Fla. 5th DCA 1988); Brown v. State, 460 So.2d 427 (Fla. 5th DCA 1984); see also Van Tassel v. Coffman, 486 So.2d 528 (Fla.1985). However, Villery's holding regarding the maximum period of incarcera......