GERALD ROBINSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
GERALD ROBINSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
417 So. 2d 321
Florida District Court of Appeal, Fourth District (1982)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Upon review the only error we find involves the failure of the trial court to make specific findings of fact regarding the necessity to retain jurisdiction over the first third of appellant’s sentence for purposes of parole review. Section 947.16(3)(a), Florida Statutes (1981); Mobley v. State, 409 So. 2d 1031 (Fla.1982).
Accordingly, appellant’s conviction and sentence are affirmed but this cause is remanded to the trial court with directions to either strike the provision retaining jurisdiction or to enter an order setting out those findings of fact required by Section 947.16(3)(a).
ANSTEAD and HERSEY, JJ., and OWEN, WILLIAM G, Jr. (Retired), Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Denis Stanley Elliott v. Elliott, 458 So. 2d 1204 (Fla. 1st DCA 1984)…t in retraining. Although it is conceivable that rehabilitative alimony of short duration could be granted to allow the former wife to re-establish her pet business, the eighty-four months duration is manifestly excessive. See, e.g., McVey v. McVey, 417 So. 2d 321 (Fla. 4th DCA 1982). Since the $400 per month rehabilitative alimony was effective December 1, 1983, any justification by the pet business has expired. Mrs. Elliott voluntarily allowed the apparently thriving business to decline. This is not an inst…
Authorities Cited
- Autley Mobley v. State, 409 So. 2d 1031 (Fla. 1982)