FRANKLIN DOUGLAS OLIVER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
FRANKLIN DOUGLAS OLIVER, APPELLANT,
STATE OF FLORIDA, APPELLEE
414 So. 2d 1087
Florida District Court of Appeal, Second District (1982)
Caution
Cited by 18 cases
Opinion of the Court
PER CURIAM.
We affirm appellant’s conviction and his maximum sentence for attempted first degree murder. However, the sentencing order and transcript of the sentencing hearing are silent on the court’s particular justification for retention over the first third of the sentence.
Accordingly, we REMAND to the court with instructions to either relinquish jurisdiction over the first third of the sentence or state with individual particularity the justification for retaining jurisdiction. See Sanders v. State, 400 So. 2d 1015, 1016 (Fla.2d DCA 1981); § 947.16(3), Fla.Stat. (1981).
SCHEB, C. J., and OTT and SCHOON-OVER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (17 total)
-
Bradford v. State, 460 So. 2d 926 (Fla. 2d DCA 1984)…ver, is not whether the evidence failed to exclude every reasonable hypothesis but that of guilt, but whether there was substantial, competent evidence for a jury to so conclude. Rose v. State, 425 So. 2d 521 (Fla.1983); see also, Tsavaris v. State, 414 So. 2d 1087 (Fla. 2d DCA 1982). We also realize that in applying this standard, the version of events related by the defense must be believed if circumstances do not show that version to be false. McArthur at 976 n. 12; Mayo. Where there is other evidence legal…
-
Stone v. State, 547 So. 2d 657 (Fla. 2d DCA 1989)…e evidence was inconsistent with any reasonable hypothesis of innocence. Heiney v. State, 447 So. 2d 210 (Fla.1984), cert. denied, 469 U.S. 920, 105 S.Ct. 303, 83 L.Ed.2d 237 (1984). See Toole v. State, 472 So. 2d 1174 (Fla.1985); Tsavaris v. State, 414 So. 2d 1087 (Fla. 2d DCA 1982), review denied, [*659] 424 So. 2d 763 (1983). See also Nickels v. State, 90 Fla. 659, 106 So. 479 (1925). Although the weight of the evidence in this case could be far greater, we do not believe it is incumbent upon parents to tea…
-
Kunta Muwwakil v. State, 435 So. 2d 304 (Fla. 3d DCA 1983)…perty; that he had knowledge of the marijuana and had the ability to maintain control over it. Maisler v. State, supra; Sorey v. State, 419 So. 2d 810 (Fla. 3d DCA 1982); In Interest of G.B.S., 417 So. 2d 1181 (Fla. 4th DCA 1982); Tsavaris v. State, 414 So. 2d 1087 (Fla. 2d DCA 1982). Appellant also challenges the imposition of sentences for both possession of cocaine with intent to sell and possession of cocaine. He argues that since possession is a lesser included offense of possession with intent to sell,…
Previewing 3 of 17 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sanders v. State, 400 So. 2d 1015 (Fla. 2d DCA 1981)