JORGE L. DOMINGUEZ, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that retaining jurisdiction for sentence review under an amended statute, when the offense occurred before the amendment's effective date, constitutes an ex post facto application of the law.
Appellant was convicted of offenses committed before a statutory amendment allowed trial courts to retain jurisdiction for sentence review. The amendm…
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PER CURIAM.
Jorge Dominguez appeals his conviction and sentence on March 21, 1980, for two counts of second-degree murder. We affirm the conviction but remand for correction of the sentence. 367 So. 2d 651 (Fla. App.).
After reviewing each point raised by appellant, we find only one point which has merit. Appellant contends that the trial court erred in retaining jurisdiction for the first third of his sentence pursuant to section 947.16, Florida Statutes (Supp.1978).
Appellant was charged with an offense committed December 5, 1977. The effective date of the amendment to section 947.-16 allowing the trial court to retain jurisdiction to review a parole commission release order during the first third of an offender’s sentence was June 19, 1978.
Appellant’s contention is correct. The amendment to section 947.16(3), Florida Statutes (1978), is an ex post facto law as applied to him. Thus, we remand this cause and direct the trial court to delete from the appellant’s sentence the trial court’s reservation of jurisdiction. State v. Williams, 397 So. 2d 663 (Fla.1981); Rodriguez v. State, 380 So. 2d 1123 (Fla.2d DCA 1980).
SCHEB, C. J., and GRIMES and RYDER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Williams, 397 So. 2d 663 (Fla. 1981)
- Vicente Rodriguez v. State, 380 So. 2d 1123 (Fla. 2d DCA 1980)
- State v. Dominguez, 367 So. 2d 651 (Fla. 2d DCA 1979)