NORMAN WOODROW CRAWFORD, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1983-10-07
No. 83-1503
OTT, C.J., and RYDER, J., concur.
438 So. 2d 974 Florida District Court of Appeal, Second District (1983) Positive Treatment
Cited by 4 cases
Topics
Retention Of Jurisdiction Over Sentence Plea Bargaining Motion For Postconviction Relief

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Opinion of the Court
DÁNAHY, Judge.

[*975] DÁNAHY, Judge.

Norman Woodrow Crawford, Jr., seeks review of the trial court order which summarily denied his motion for postconviction relief. Crawford contends that the trial court erred in retaining jurisdiction over a part of his sentence. We agree and reverse on the authority of State v. Green, 421 So. 2d 508 (Fla.1982), wherein our supreme court opined that “if a judge wishes to retain jurisdiction, a defendant must be advised, prior to pleading guilty or nolo con-tendere, that the court can retain jurisdiction over a part of the sentence.”

An examination of the transcript of the change of plea hearing conclusively shows that Crawford was never informed by the trial court of the possibility that it would or could retain jurisdiction over part of his sentence. Rather, the record reflects that Crawford was first apprised at his sentencing hearing, nearly seven weeks after he had pled guilty, that the trial court would retain jurisdiction over one-third of his sentence.

Since Crawford was not fully informed of the consequences of his plea and the imposition of retention was not made a part of his plea bargain agreement, we reverse the trial court’s denial of Crawford’s motion.

Accordingly, we reverse and remand this cause to the trial court with directions to choose to either strike the retention of jurisdiction, letting the original pleas stand, or allow Crawford to withdraw his guilty pleas.

REVERSED and REMANDED.

OTT, C.J., and RYDER, J., concur.

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Cited By

  • Dieter Schmidt v. State, 464 So. 2d 1302 (Fla. 3d DCA 1985)
    …r strike the retention of jurisdiction, allowing the original plea to stand, or allow appellant to withdraw his nolo plea. Mrozowski v. State, 444 So. 2d 587 (Fla. 2d DCA 1984); Fowler v. State, 443 So. 2d 125 (Fla. 5th DCA 1983); Crawford v. State, 438 So. 2d 974 (Fla. 2d DCA 1983). Remanded with directions.…
  • Murray v. State, 469 So. 2d 940 (Fla. 2d DCA 1985)
    …(Fla.1982), our supreme court said that, “if a judge wishes to retain jurisdiction, a defendant must be advised, prior to pleading guilty or nolo contendere, that the court can retain jurisdiction over a part of the sentence.” In Crawford v. State, 438 So. 2d 974 (Fla. 2d DCA 1983), we reversed the summary denial of a motion for post-conviction relief because the record did not reflect that the defendant had been apprised of the possibility of a retention of jurisdiction prior to the entry of his guilty plea…

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