Massery v. State

ON MOTION FOR REHEARING OR CLARIFICATION

We grant appellant’s motion for rehearing or clarification, withdraw the original opinion,1 and substitute the following modified opinion.

James Massery pled nolo contendere to felony battery in 2004, and the trial court sentenced him to 47 months in prison, which was suspended if he were to complete three years of probation, a “true split sentence” under Poore v. State, 531 So.2d 161,- 164 (Fla.1988). After subsequently finding that Massery had violated probation, the lower court revoked his probation and sentenced him to prison for the remainder of the…