Henderson v. State

John Dudley Henderson appeals his split sentence, imposed after a finding that he had violated the terms and conditions of community control. The state appears to concede that the sentence represents a violation of State v. VanKooten, 522 So.2d 830 (Fla.1988). We disagree and affirm.

In November, 1988, Henderson was alleged to have violated the community control'portion of a previously imposed split sentence. Upon a finding of guilt he was sentenced to thirty months in prison followed by five years probation. Contrary to the position taken in Henderson’s brief, this does not violate VanKooten,…