Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

DANIEL EDWARD SCHESNY, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

ZEHMER, Judge.

Daniel Edward Schesny appeals a judgment and sentence adjudicating him guilty of two counts of lewd and lascivious assault and sentencing him to concurrent terms of 6 years' incarceration to be followed by 5 years' probation on the ground that the sentence violates his constitutional protection against double jeopardy. In accordance with Poore v. State, 531 So.2d 161 (Fla. 1988), we affirm the probationary split sentence. We certify to the supreme court, however, the following question as one of great public importance:

DOES A DOUBLE JEOPARDY VIOLATION RESULT FROM THE IMPOSITION OF A PROBATIONARY SPLIT SENTENCE WHEN THE LEGISLATURE HAS NOT EXPLICITLY AUTHORIZED THAT DISPOSITION IN THE SENTENCING ALTERNATIVES OF SECTION 921.187, FLORIDA STATUTES?

AFFIRMED.

BOOTH and SMITH, JJ., concur.

Use AI to get other relevant cases.

Comments

SCHESNY v. STATE
(Aug 2, 1990)