GREGORY ADAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in retaining jurisdiction over one-third of each consecutive sentence rather than one-third of the total consecutive sentences.
Appellant was convicted of kidnapping and sexual battery and sentenced to consecutive terms. The trial court retained jurisdiction over one-third of e…
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SCHOONOVER, Judge.
The appellant, Gregory Adams, has appealed from the judgments and sentences entered pursuant to jury verdicts finding him guilty of kidnapping and sexual battery. We only find merit in appellant’s contention that the trial court erred in the manner in which it retained jurisdiction over his sentences.
The appellant was sentenced to serve ninety-nine years on the kidnapping charge and thirty years on the sexual battery charge. In addition to making the sentences run consecutively, the court retained jurisdiction over one-third of each of them.
At the time the appellant committed the offenses for which he was convicted, section 947.16(3), Florida Statutes (1981), provided in part:
When any person is convicted of two or more felonies and consecutive sentences are imposed, then the jurisdiction of the trial court as provided herein shall apply to one-third of the total consecutive sentences imposed.
Accordingly, the trial court had the authority to retain jurisdiction to review any parole commission release order for one-third of the total consecutive sentences imposed, but not the first one-third of each of the consecutive sentences imposed. Goree v. State, 411 So. 2d 1352 (Fla. 3d DCA 1982).
We therefore affirm the appellant’s convictions and sentences but strike each of the special provisions for retention of jurisdiction and remand to the trial court with directions to reconsider the period of retention in accordance with section 947.16(3), Florida Statutes (1981).
REVERSED and REMANDED.
HOBSON, A.C.J., and GRIMES, J., concur.
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Citator
Cited By (16 total)
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Martin v. State, 452 So. 2d 938 (Fla. 2d DCA 1984)…e. See Bevins v. State, 412 So. 2d 456 (Fla. 2d DCA 1982). Second, defendant argues that the court improperly retained jurisdiction. The court should have retained jurisdiction over one-third of the total consecutive sentences. See Adams v. State, 435 So. 2d 953 (Fla. 2d DCA 1983); Wicker v. State, 438 So. 2d 398 (Fla. 2d DCA 1983); § 947.16(3), Fla.Stat. (1982). Also, jurisdiction should be retained over only one of the concurrent sentences for attempted murder. See § 947.16(3), Fla.Stat. (1982). Therefo…
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Wilson v. State, 449 So. 2d 822 (Fla. 1st DCA 1984)…hold the trial court erred in retaining jurisdiction to review any parole commission release order for one-half of each of the consecutive thirty-year sentences. As recognized by our sister courts in the second and third districts in Adams v. State, 435 So. 2d 953 (Fla.2d DCA 1983) and Goree v. State, 411 So. 2d 1352 (Fla.3d DCA 1982), the trial court has the authority under section 947.-16(3) to retain jurisdiction over one-half of the total consecutive sentences imposed, but not over the first one-half of e…
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Wicker v. State, 438 So. 2d 398 (Fla. 2d DCA 1983)…utive sentences imposed. However, for the purpose of retention of jurisdiction [*399] in this case, the authority of the court applies only to one-third of the total consecutive sentences imposed. Section 947.16(3), Fla.Stat. (1981); Adams v. State, 435 So. 2d 953 (Fla. 2d DCA 1983); Goree v. State, 411 So. 2d 1352 (Fla. 3d DCA 1982). The 1982 amendment to section 947.16(3) is inapplicable because its effective date was after the crimes were committed. See Adams, supra; Cf. State v. Williams, 397 So. 2d 663 (…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Goree v. State, 411 So. 2d 1352 (Fla. 3d DCA 1982)