JOSEPH LEE WRIGHT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm appellant’s convictions for sexual battery, aggravated battery, and trespass. However, the trial court improperly required appellant to serve a minimum mandatory term of thirty years of his life sentence for the sexual battery. § 775.-082(3)(a), Fla.Stat. (1981). The court also failed to provide reasons for retaining jurisdiction over appellant’s sentence. The court must either relinquish its retention of jurisdiction over one-third of the sentence or state its justification for retention with individual particularity, as required by Section 947.16(3)(a), Florida Statutes (1981). Hernandez v. State, 421 So. 2d 1102 (Fla. 2d DCA 1982). Finally, since appellant was adjudged indigent, the court improperly assessed him $70 in court costs and $10 to be paid to the Crimes Compensation Trust Fund. That portion of the judgment is stricken. Ortiz v. State, 420 So. 2d 923 (Fla. 2d DCA Oct. 22,1982); Brown v. State, 400 So. 2d 510 (Fla. 2d DCA 1981); Engle v. State, 407 So. 2d 641 (Fla. 2d DCA 1981).
Accordingly, appellant’s convictions are affirmed, but the cause is remanded with directions to correct his judgment and sentence in accordance with this opinion.
BOARDMAN, A.C.J., and SCHEB and SCHOONOVER, JJ., concur.
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Cahill v. State, 489 So. 2d 1219 (Fla. 2d DCA 1986)…etain jurisdiction over the jail sentence of a criminal defendant. It does not satisfy the requirement of section 947.-16(4)(a), Florida Statutes (1985), for individual particularity. Sims v. State, 487 So. 2d 37 (Fla. 2d DCA 1986); Wright v. State, 425 So. 2d 64 (Fla. 2d DCA 1983); Robinson v. State, 458 So. 2d 1132 (Fla. 4th DCA 1984). We reverse for resentencing at which time the trial court will either relinquish its retention of jurisdiction over one-third of the sentence or state its justification fo…
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Williams v. State, 782 So. 2d 980 (Fla. 1st DCA 2001)…to “State Prison for the remainder of your natural life (not less than 30 years).” In his motion, Williams argued that the court could not sentence him to both life and not less than 30 years, and he cited, in support of his claim, Wright v. State, 425 So. 2d 64 (Fla. 2d DCA 1982). The circuit court rejected this argument, finding that Williams was not sentenced to two punishments on this charge, but rather he received a sentence of life in prison with the requirement that he serve no less than 30 years.…
Authorities Cited
- Brown v. State, 400 So. 2d 510 (Fla. 2d DCA 1981)
- Engle v. State, 407 So. 2d 641 (Fla. 2d DCA 1981)
- Ortiz v. State, 420 So. 2d 923 (Fla. 2d DCA 1982)
- Weissberg v. Floridian Arms Condo. Ass'n, Inc., 421 So. 2d 1102 (Fla. 3d DCA 1982)