TERRY MADDOX, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Defendant was sentenced to two concurrent terms of thirty years for attempted murder and robbery and a concurrent term of five years for grand theft. The court retained jurisdiction over the first half of both thirty-year sentences.1 Section 947.-16(3), Florida Statutes (Supp.1982), provides that when an individual is convicted of two or more felonies and concurrent sentences are imposed, jurisdiction of the trial court shall apply only to the first half of the maximum sentence imposed for the highest felony charged and proven. Accordingly, this cause is remanded with instructions that the court strike the reservation of jurisdiction from one of the thirty-year sentences. Otherwise, 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.
Cases With Similar Vibessemantic neighbors from the corpus
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Dude Emshwiller v. State, 464 So. 2d 1339 (Fla. 2d DCA 1985)…retain jurisdiction over the offender only on the first half of the maximum sentence imposed for the highest felony charged and proven. The trial court, therefore, erred in retaining jurisdiction over both counts of the information. Maddox v. State, 438 So. 2d 959 (Fla. 2d DCA 1983). We, accordingly, remand this cause to the trial court with instructions that it strike the reservation of jurisdiction from one of the fifteen-year sentences. We affirm the judgment and sentences in all other respects. Remand…
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Famiglietti v. State, 499 So. 2d 57 (Fla. 4th DCA 1986)…cable, the legislature went on to authorize retention when the criminal episode involves “any felony involving the use of a firearm or other deadly weapon or the use of intentional violence.” For this application of the statute, see Maddox v. State, 438 So. 2d 959, 960 n. 1 (Fla. 2d DCA 1983). We, therefore, hold that this record clearly supports the trial judge’s retention of jurisdiction over the first one-third of the sentence. The sentencing forms entered on the two second-degree murder counts each indi…
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Llida v. State, 501 So. 2d 162 (Fla. 3d DCA 1987)…State, 458 So. 2d 899 (Fla. 2d DCA 1984). The trial judge should only have retained jurisdiction over one-third of the sentence, wherein the greatest amount of time was given. Emshwiller v. State, 464 So. 2d 1339 (Fla. 2d DCA 1985); Maddox v. State, 438 So. 2d 959 (Fla. 2d DCA 1983); Section 947.16(4) Florida Statutes (1985). Therefore, for the reasons above stated, that portion of the sentence that relates to alternative sentencing under the guidelines is stricken, and any retention of jurisdiction on the…
Authorities Cited
- Crotzer v. State, 425 So. 2d 159 (Fla. 2d DCA 1983)