ALLEN J. CROTZER, A/K/A ALLEN J. CORTZER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm appellant’s convictions but remand for correction of the sentences on counts 1 and 10.
First, the trial court’s retention of jurisdiction over count 1, the attempted robbery conviction, must be stricken, since section 947.16(3), Florida Statutes (1981), which.permits retention of jurisdiction over sentences for certain enumerated offenses, does not include attempted robbery on the list of applicable offenses. See Williams v. State, 374 So. 2d 1086 (Fla. 2d DCA 1979). Second, it is apparent from the colloquy at the sentencing hearing that the trial court intended that the sentences for the two sexual battery convictions run concurrently and not consecutively as shown on the written sentence on count 10. Thus, the sentence must be corrected to reflect concurrent sentences on the sexual battery convictions.
There being no merit to appellant’s remaining contentions, his convictions are affirmed. Accordingly, the judgments against appellant are affirmed, but the cause is remanded for correction of two of his sentences. Appellant need not be present for this purpose.
BOARDMAN, A.C.J., and GRIMES and DANAHY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Maddox v. State, 438 So. 2d 959 (Fla. 2d DCA 1983)…, the judgments and sentences are affirmed. GRIMES, A.C.J., and SCHOONOVER and LEHAN, JJ., concur. . While section 947.16(3) does not contemplate the retention of jurisdiction over a sentence for attempted murder, as such, see Crotzer v. State, 425 So. 2d 159 (Fla. 2d DCA 1983), the reservation here was appropriate under that portion of the statute which refers to the commission of any felony involving the use of a firearm or other deadly weapon.…
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Famiglietti v. State, 499 So. 2d 57 (Fla. 4th DCA 1986)…red in the retention of jurisdiction pursuant to section 947.16(4), because attempted second-degree murder is not one of the offenses authorizing retention of jurisdiction. Williams v. State, 374 So. 2d 1086 (Fla. 2d DCA 1979), and Crotzer v. State, 425 So. 2d 159 (Fla. 2d DCA 1983), are cited as authority for appellant’s position; however, they are distinguishable. It is true that attempted murder, standing alone, cannot be the basis for application of section 947.16(4); nevertheless, after delineating the s…
Authorities Cited
- Williams v. State, 374 So. 2d 1086 (Fla. 2d DCA 1979)