Alexander v. State

Alexander appeals the summary denial of his motion to vacate and correct his sentence. He was sentenced to a term of twelve years which was split, pursuant to section 948.01(4), Florida Statutes (1979), into a two-year term of imprisonment followed by ten years of probation.

The revised opinion in Villery v. The Florida Parole & Probation Commission, 396 So.2d 1107 (Fla.1981), specifically held that the incarceration segment of a split sentence may not equal or exceed one year. Because Villery is made to apply retroactively, the summary denial of appellant’s motion for post conviction relief…