BOBBY DALE ADKINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BOBBY DALE ADKINS, APPELLANT,
STATE OF FLORIDA, APPELLEE
649 So. 2d 345
Florida District Court of Appeal, Fifth District (1995)
Positive Treatment
Cited by 2 cases
Opinion of the Court
DAUKSCH, Judge.
This is an appeal from a judgment and sentence in a capital sexual battery case. We find no reversible error regarding the judgment.
The sentence must be vacated. On January 14, 1994 this court ruled in a case from the seventh circuit that a sentence of life imprisonment for capital sexual battery cannot be followed by a life term of probation. See Wilson v. State, 630 So. 2d 1186 (Fla. 5th DCA 1994). That precise circumstance is what we have here, in a sentence imposed just two months following the Wilson decision.
We vacate the sentence and remand for imposition of a legal sentence.
SENTENCE VACATED; REMANDED.
HARRIS, C.J., and PETERSON, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Adkins v. State, 729 So. 2d 955 (Fla. 5th DCA 1998)…ue or ones foreclosed by prior proceedings, he may lose gain time and risk imposition of other sanctions. Petition for Writ of Habeas Corpus DENIED. GRIFFIN, C.J., and HARRIS, J., concur. . § 794.011 (2)(a), Fla. Stat. (1993). . Adkins v. State, 649 So. 2d 345 (Fla. 5th DCA), rev. denied, 659 So. 2d 270 (Fla.1995). . See Johnson v. State, 680 So. 2d 1101 (Fla. 5th DCA 1996); Leone v. State, 657 So. 2d 26 (Fla. 5th DCA 1995); Scott v. State, 656 So. 2d 204 (Fla. 5th DCA 1995).…
Authorities Cited
- Darrel Wilson v. State, 630 So. 2d 1186 (Fla. 5th DCA 1994)