SAMUEL CHATMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
This is an appeal from a judgment and sentence following appellant’s conviction for second degree murder. Among the points raised on appeal is a challenge to the constitutionality of Section 947.16(3), Florida Statutes (1979) which authorizes the trial court to retain jurisdiction over a defendant sentenced to imprisonment for the first one-third of the term of imprisonment. However, the record reveals and the appellant concedes that absolutely no objection of any kind or at any time was made to such action in the trial court. See Williams v. State, 378 So. 2d 837 (Fla. 1st DCA 1979). Accordingly, we do not believe the appellant has properly preserved his challenge to the statute. This decision is rendered, however, without prejudice to the appellant to challenge the statute should his term of incarceration actually be affected by any action taken by the trial court pursuant to its retention of jurisdiction.
We have reviewed the other points raised on appeal and find them to be without merit. Accordingly, the judgment and sentence of the trial court are affirmed.
ANSTEAD, BERANEK and HERSEY, JJ., concur.
PER CURIAM.
We deny the petition for rehearing except to clarify our opinion by noting that our decision is rendered without prejudice to appellant to challenge Section 947.16(3), Florida Statutes (1979) in any post-conviction relief proceedings.
ANSTEAD, BERANEK and HERSEY, JJ., concur.
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State v. Goodson, 403 So. 2d 1337 (Fla. 1981)…ld render those requirements meaningless since the trial judge already has the discretion to classify a defendant as a youthful offender under subsection (1). Thus in this context the word “shall” is clearly meant to be mandatory. Barnhill v. State, 393 So. 2d 557 (Fla. 4th DCA 1980); Killian v. State, 387 So. 2d 385 (Fla. 2d DCA 1980). With respect to the second question, the state argues that Goodson could not have been “transferred” to the criminal division of the circuit court as required by section 958.…1 / 2
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Dorian Fletcher v. State, 472 So. 2d 537 (Fla. 5th DCA 1985)…l error.5 Smith v. Brantley, 400 So. 2d 443 (Fla.1981); Hegeman-Harris Co. v. Allstate Pipe Supply Co., 400 So. 2d 1245 (Fla. 5th DCA), review dismissed, 411 So. 2d 380 (Fla.1981); Marino v. State, 392 So. 2d 36 (Fla. 2d DCA 1981); Chatman v. State, 393 So. 2d 557 (Fla. 4th DCA 1980). AFFIRMED. ORFINGER, J., concurs. DAUKSCH, J., dissents with opinion. . Section 790.001(13), Florida Statutes (1983): "Weapon” means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weap [*539] on or de…
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Arnett v. State, 397 So. 2d 330 (Fla. 1st DCA 1981)…cted to the invocation of Section 947.16(3) on specific constitutional grounds and the trial court ruled upon appellant’s challenges. Contrast, Williams v. State, 378 So. 2d 837 (Fla. 1st DCA 1979) [review granted Case No. 58,704]: Chatman v. State, 393 So. 2d 557 (Fla. 4th DCA 1980). Having disposed of these preliminary matters, we now consider the merits of appellant’s constitutional challenges. Appellant asserts Section 947.16(3) violates Florida’s constitutional separation of governmental powers. Art. II…
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- Williams v. State, 378 So. 2d 837 (Fla. 1st DCA 1979)