GEORGE WICKER, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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George Wicker, Jr. appealed his convictions for armed burglary with assault, armed sexual battery, and armed robbery. The court affirmed his convictions but reversed and remanded the sentences due to errors in the trial court's retention of jurisdiction and failure to specify credit for time served.
The convictions are affirmed, but the sentencing provisions are reversed and remanded. The trial court erred by retaining jurisdiction over one-third of each individual sentence rather than one-third of the total consecutive sentences, and by failing to specify the exact amount of credit for time served.
[1] A trial court errs by retaining jurisdiction over the first one-third of each consecutive sentence imposed when the statute allows retention of jurisdiction over one-thir…
[2] A trial court must specify the exact period of credit for time served when imposing a sentence, rather than merely stating that the defendant will receive credit.
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Join FLexlaw to unlock all legal intelligence“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 for the first one-third of each of the consecutive sentences imposed”
Establishes the proper scope of trial court jurisdiction under section 947.16(3)
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Join FLexlaw to unlock all legal intelligenceAppellant was convicted by jury of armed burglary with assault, armed sexual battery, and armed robbery. The trial court sentenced him to seventy-five…
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SCHOONOVER, Judge.
The appellant, George Wicker, Jr., has appealed from the judgments and sentences entered pursuant to jury verdicts finding him guilty of armed burglary with assault, armed sexual battery, and armed robbery.
We find no merit in appellant’s contention that he was improperly convicted and accordingly affirm the judgments entered by the trial court. However, we agree that the trial court erred when imposing sentences upon the appellant.
First, the appellant was sentenced to serve seventy-five years on each of the charges, and the sentences for armed sexual battery and armed robbery were to run consecutive to the armed burglary assault charge. The court retained jurisdiction over one-third of each sentence.
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 judge 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 for the first one-third of each of the consecutive sentences imposed. Adams v. State, 435 So. 2d 953 (Fla. 2d DCA 1983); Wicker v. State, 438 So. 2d 398 (Fla. 2d DCA 1983); Goree v. State, 411 So. 2d 1352 (Fla. 3d DCA 1982).
Additionally, although the sentences indicate the appellant is to receive credit for “time served,” they do not set forth a specific period of credit time as required by section 921.161(1), Florida Statutes (1981). Moore v. State, 428 So. 2d 789 (Fla. 2d DCA 1983); Wicker. We, therefore, affirm the appellant’s convictions 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). Additionally, if the court determines that the appellant is entitled to receive credit for time served, the specific amount of such credit must be included in the sentence.
REVERSED and REMANDED.
BOARDMAN, A.C.J., and GRIMES, J., concur.
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Wicker v. State, 445 So. 2d 583 (Fla. 2d DCA 1983)…es (1981). Accordingly, we remand for a determination of whether appellant is entitled to receive credit for time served. If so, such credit should be included in the sentence. See Wicker v. State, 438 So. 2d 398 (Fla. 2d DCA 1983); Wicker v. State, 438 So. 2d 399 (Fla. 2d DCA 1983). Second, the trial court erred in retaining jurisdiction over one-third of each of the consecutive sentences imposed. Wicker; Wicker; Adams v. State, 435 So. 2d 953 (Fla. 2d DCA 1983). Therefore, we strike each of the special pr…
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Blackwell v. State, 449 So. 2d 1296 (Fla. 2d DCA 1984)…cutive sentences imposed. We therefore strike the various provisions of retention of jurisdiction and remand this case for reconsideration of the period of retention in accordance with section 947.16(3), Florida Statutes (1981). See Wicker v. State, 438 So. 2d 399 (Fla. 2d DCA 1983); Adams v. State, 435 So. 2d 953 (Fla. 2d DCA 1983). We also strike the retention of jurisdiction over one-third of the sentence imposed for Blackwell’s conviction as a felon in possession of a firearm. § 947.16(3), Fla.Stat. (19…
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Connolly v. State, 474 So. 2d 912 (Fla. 2d DCA 1985)…tempted murder. The court should have retained jurisdiction over one-third of the total ninety years to be served for the three attempted first-degree murders, or thirty years. See Martin v. State, 452 So. 2d 938 (Fla. 2d DCA 1984); Wicker v. State, 438 So. 2d 399 (Fla. 2d DCA 1983); Adams v. State, 435 So. 2d 953 (Fla. 2d DCA 1983). Next, defendant argues that all three charges of attempted murder arose out of the same episode. Therefore, he contends the trial court erred in imposing the three consecutive m…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Goree v. State, 411 So. 2d 1352 (Fla. 3d DCA 1982)
- Adams v. State, 435 So. 2d 953 (Fla. 2d DCA 1983)
- Wicker v. State, 438 So. 2d 398 (Fla. 2d DCA 1983)
- Audley R. Moore v. State, 428 So. 2d 789 (Fla. 2d DCA 1983)