BELARMINO CORDERO-PENA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Court affirmed murder convictions but vacated the trial court's retention of jurisdiction over one-third of a life sentence because Section 947.16(3) is inapplicable when a life sentence is imposed, as a life span is immeasurable.
Section 947.16(3) is inoperable when a trial court imposes a life sentence because a life span is immeasurable and no calculation of retention time can be made.
[1] Section 947.16(3), Florida Statutes, which permits a trial court to retain jurisdiction to review parole commission release orders, is inapplicable when a life sentence i…
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Join FLexlaw to unlock all legal intelligenceCordero-Pena was convicted of first-degree murder and sentenced to life imprisonment. The trial court retained jurisdiction to review any parole commi…
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PER CURIAM.
We affirm the appellant’s convictions. We vacate that portion of the sentence for first-degree murder wherein the trial court retained jurisdiction for one-third of the life sentence imposed to review any parole commission release order pertaining to the defendant. See § 947.16(3), Fla.Stat. (1981).
We conclude that where a court imposes a life sentence, Section 947.16(3) is inoperable, since because a life span is immeasurable, see Alvarez v. State, 358 So. 2d 10 (Fla. 1978), no calculation of the length of time jurisdiction is retained can be made. With the exception of the capital felony, all crimes set forth in Section 947.16(3) as to which a trial court may retain jurisdiction over the defendant, including life felonies, are punishable by imprisonment for a term of years, see § 775.082(3), Fla.Stat. (1981), against which term the time of retention can be measured.
However, in the case of a capital felony, the imposition of a life sentence is mandatory, and the defendant’s entitlement to parole consideration is solely controlled by the separate statutory requirement that he be required to serve no less than twenty-five years before becoming eligible for parole. See § 775.082(1), Fla. Stat. (1981).
Affirmed in part; vacated in part.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
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Echols v. State, 484 So. 2d 568 (Fla. 1985)…n is that the highest felonies for which sentences were imposed were first-degree murder and robbery with a firearm and that the trial judge could not retain jurisdiction over the indeterminant sentences for these convictions. Cordero-Pena v. State, 421 So. 2d 661 (Fla. 3d DCA 1982). Thus, appellant argues, the trial court had no jurisdiction under section 947.-16(3) to retain jurisdiction for the lowest felony. Appellant’s argument is ingenuous but circular. We agree that the trial court could not retain jur…
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Cofield v. State, 453 So. 2d 409 (Fla. 1st DCA 1984)…16 (e.s.). I would therefore reject the state’s waiver argument and reach the merits of the case. On the merits, the court, having imposed a life sentence, had no right to retain jurisdiction of an immeasurable sentence. See Cordero-Pena v. State, 421 So. 2d 661, 662 (Fla. 3d DCA 1982); accord Rodriguez v. State, 424 So. 2d 892 (Fla. 3d DCA 1982). I am moreover of the view that retroactive application of Section 947.16(3), Florida Statutes (Supp.1982), effective April 20, 1982, to an offense which occurre…
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State v. Cleve Andrew Mobley, 481 So. 2d 481 (Fla. 1986)…ll not preclude appellate review. State v. Walcott, 472 So. 2d 741 (Fla.1985). There is no statutory authority for retention of jurisdiction over an indeterminate sentence. Echols v. State, 484 So. 2d 568 (Fla. Sept. 19,1985); Cordero-Pena v. State, 421 So. 2d 661 (Fla. 3d DCA 1982). Accordingly, we approve the decision of the district court * and disapprove the contrary holding on this issue in Cofield. It is so ordered. BOYD, C.J., and ADKINS, OVERTON, McDonald, EHRLICH and SHAW, JJ., concur. * We find…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Alphonso Alvarez v. State, 358 So. 2d 10 (Fla. 1978)