Eanes v. State, 93-4179
| Decision Date | 18 November 1994 |
| Docket Number | No. 93-4179,93-4179 |
| Citation | 648 So.2d 174 |
| Parties | 19 Fla. L. Weekly D2427 Terry Wayne EANES, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appellant has filed a motion for certification, arguing that at least two other district courts of appeal have certified questions to the supreme court which suggest that probation and community control should be treated the same for purposes of determining whether a sentence exceeds the maximum allowed by law. See Roundtree v. State, 637 So.2d 325 (Fla. 4th DCA 1994), rev. granted, 649 So.2d 235; Jost v. State, 631 So.2d 1131 (Fla. 5th DCA 1994); Straughan v. State, 636 So.2d 845 (Fla. 5th DCA 1994). Because we have considered the question and decided that community control and probation should not be treated alike, for much the same reason that probation and time in prison should not be treated alike, we certify conflict with the foregoing cases.
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Eanes v. State
...Jost v. State, 631 So.2d 1131 (Fla. 5th DCA 1994); and Straughan v. State, 636 So.2d 845 (Fla. 5th DCA 1994). Eanes v. State, 648 So.2d 174 (Fla. 1st DCA 1994). We have jurisdiction. Art. V, Sec. 3(b)(4), Fla. We recently approved the Fourth District Court of Appeal's decision in Roundtree.......
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- Eanes v. State