Tobin v. State (401 So. 2d 938, 1981)

PER CURIAM.

Appellant seeks review of the lower court’s denial of his Fla.R.Crim.P. 3.850 motion for post-conviction relief. We agree with the lower court’s conclusion that appellant is not entitled to Rule 3.850 relief.

Appellant was convicted of several offenses contained in a multiple-count information, and sentenced to a total of 10 years imprisonment for some offenses, followed by 30 years probation for various other offenses. In Villery v. Florida Parole & Probation Commission, 396 So.2d 1107 (Fla. 1981) (revised opinion), the Florida Supreme Court ruled that the maximum period of incarceration which may be imposed as a condition of probation is up to, but not including, one year. The Villery court further indicated that this rule also applies to incarceration followed by a specified period of probation. However, we conclude that Villery applies only where incarceration and probation are imposed for the same offense, and does not prohibit incarceration for a year (or more) followed by a period of probation imposed for a separate offense, as in the present case.

The order appealed is affirmed.

SHAW, WENTWORTH and THOMPSON, JJ., concur.

. Note the Villery court’s suggestion that the legislature “never contemplated the concurrent operation of parole and probation for the same offense.... [e. s.]