MICKEY LAMONT BUIE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1981-09-17
No. AB-105
SHAW and THOMPSON, JJ., and WOODIE A. LILES (Ret.), Associate Judge, concur.
403 So. 2d 629 Florida District Court of Appeal, First District (1981) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The trial court did not have the benefit of the Supreme Court’s ruling in State v. Williams, 397 So. 2d 663 (Fla.1981), when it retained jurisdiction over the first third of appellant’s sentence. This cause is remanded with instructions that the sentence be corrected by striking the trial court’s retention of jurisdiction over the first one-third of the sentence.

SHAW and THOMPSON, JJ., and WOODIE A. LILES (Ret.), Associate Judge, concur.


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Cited By

  • Brown v. State, 407 So. 2d 290 (Fla. 2d DCA 1981)
    …e issue of whether appellant’s sentence is illegal under Villery v. Florida Parole and Probation Commission, 396 So. 2d 1107 (Fla.1981), is raised for the first time on this appeal. We therefore decline to address the question. See Gemmell v. State, 403 So. 2d 629 (Fla.2d DCA 1981). But also see Lewis v. State, 402 So. 2d 482 (Fla.2d DCA 1981), for sentencing alternatives. That portion of the order assessing court costs and requiring appellant to pay into the crime compensation fund is stricken. As thereby…

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