BILLY GENE NEAL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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BASKIN, Judge.
Finding no error in the admission of similar fact evidence to establish identity, Williams v. State, 110 So. 2d 654 (Fla.1959), and noting that defense counsel agreed to the consolidation of cases, we affirm the conviction of kidnapping and sexual battery; however, we strike as untimely the trial court’s retention of jurisdiction over one-third of defendant Neal’s sentence. Section 947.16(3), Florida Statutes (1979) provides that “at the time of sentencing the judge may enter an order retaining jurisdiction .... ” The order retaining jurisdiction entered almost two months after sentence failed to comply with the statute. The court’s announcement two weeks after imposition of sentence that it intended to retain jurisdiction at a later date did not fulfill statutory requirements. See Hayes v. State, 400 So. 2d 519 (Fla. 3d DCA 1981); Knight v. State, 398 So. 2d 833 (Fla. 5th DCA 1981).
Affirmed as modified.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Joseph v. State, 447 So. 2d 243 (Fla. 3d DCA 1983)…ecause they wished to recede from a controlling decision of this court in a companion case, involving a co-defendant tried below at the same trial as the defendant Jeffrey Joseph, and raising the identical evidentiary point on appeal. Neal v. State, 414 So. 2d 1146 (Fla. 3d DCA 1982). The court sitting en banc acceded to this request and voted to conduct an en banc hearing under Fla.R.App.P. 9.331(a). Since then, however, no such en banc hearing has ever been conducted. The parties have not filed any briefs or…1 / 2
Authorities Cited
- Williams v. State, 110 So. 2d 654 (Fla. 1959)
- Hayes v. State, 400 So. 2d 519 (Fla. 3d DCA 1981)
- Knight v. State, 398 So. 2d 833 (Fla. 5th DCA 1981)