ALVIN RUSSELL ANDERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1983-05-09
No. AM-245
MILLS, JOANOS and THOMPSON, JJ., concur.
431 So. 2d 249 Florida District Court of Appeal, First District (1983) Positive Treatment
Cited by 16 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Anderson appeals his jury trial conviction and sentence of ninety-nine years with retention of jurisdiction for one-third of the sentence. He argues that the retention along with the sentence exceeds the statutory maximum of life. We do not agree.

Retention of jurisdiction under Section 947.16(3), Florida Statutes (1981) has been upheld as constitutional. See: Borden v. State, 402 So. 2d 1176 (Fla.1981).

AFFIRMED.

MILLS, JOANOS and THOMPSON, JJ., concur.


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  • Watson v. State, 437 So. 2d 702 (Fla. 4th DCA 1983)
    …opportunity to meet this requirement. We also acknowledge that this decision is in conflict with other appellate decisions which have approved retention of jurisdiction under similar circumstances, including the recent decision in Anderson v. State, 431 So. 2d 249 (Fla. 1st DCA 1983). Accordingly, we affirm the appellant’s conviction and his sentence with the exception of the provision for retention of juris [*706] diction; and we remand for further proceedings consistent herewith. GLICKSTEIN and HURLEY, JJ…
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