JAMES MROZOWSKI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a trial court must inform a defendant of the possibility of retained jurisdiction when accepting a nolo contendere plea.
The defendant pleaded nolo contendere to aggravated battery and was sentenced to ten years imprisonment with the court retaining jurisdiction over one…
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SCHEB, Acting Chief Judge.
The state charged James Mrozowski by information with attempted second degree murder. He entered a plea of nolo conten-dere to the lesser included offense of aggravated battery. He was adjudicated guilty of that offense, and on March 11, 1983, the court sentenced him to ten-years imprisonment. The court retained jurisdiction over one-half of his sentence, pursuant to section 947.16(3) Florida Statutes (Supp. 1982).
Mrozowski contends that in accepting his plea the trial court erred in failing to inform him that it could retain jurisdiction over one-half of any sentence imposed. He is correct. State v. Green, 421 So. 2d 508 (Fla.1982); Brown v. State, 434 So. 2d 21 (Fla. 2d DCA 1983); Fairweather v. State, 432 So. 2d 688 (Fla. 2d DCA 1983).
Accordingly, we reverse and remand to the trial court. On remand the court must either strike that portion of the judgment and sentence retaining jurisdiction over one-half of Mrozowski’s sentence or allow him to withdraw his plea.
SCHOONOVER and LEHAN, JJ., concur.
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Citator
Cited By
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Dieter Schmidt v. State, 464 So. 2d 1302 (Fla. 3d DCA 1985)…n, 421 So. 2d 508 (Fla.1982), we are compelled to remand this cause to the trial court so that it may either 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.…
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Harmon v. Barton, 894 F.2d 1268 (11th Cir. 1990)…because he was not informed that the trial court could retain jurisdiction over one-third of his sentence. This issue could have been raised on direct appeal, see, e.g., Schmidt v. State, 464 So. 2d 1302 (Fla.Dist.Ct.App.1985); Mrozowski v. States, 444 So. 2d 587 (Fla.Dist.Ct.App.1984), and in a motion to vacate and set aside the sentence. See, e.g., Green v. State, 406 So. 2d 1148 (Fla.Dist.Ct. App.1981), aff'd, State v. Green, 421 So. 2d 508 (Fla.1982). It also could have been raised in a motion for post-c…
Authorities Cited
- State v. Green, 421 So. 2d 508 (Fla. 1982)
- Fairweather v. State, 432 So. 2d 688 (Fla. 2d DCA 1983)
- Mickey Allen Brown v. State, 434 So. 2d 21 (Fla. 2d DCA 1983)