KENNETH L. COOPER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed armed robbery and aggravated assault convictions where defendant failed to raise the trial court's failure to inform him of its authority to retain jurisdiction over one-third of his sentence before direct appeal.
A defendant who fails to move to vacate his sentence or withdraw his guilty plea before direct appeal cannot raise on appeal the trial court's failure to inform him that it could retain jurisdiction over one-third of his sentence.
[1] A defendant who fails to move to vacate his sentence or withdraw his guilty plea before direct appeal waives the issue of whether the trial court failed to inform him of…
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Join FLexlaw to unlock all legal intelligenceKenneth Cooper was charged with armed robbery, kidnapping, and aggravated assault. He pleaded guilty to armed robbery and aggravated assault and was s…
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SCHEB, Judge.
The state charged Kenneth Cooper by information with armed robbery, kidnap ping, and aggravated assault. He entered a plea of guilty to the armed robbery and aggravated assault. The trial court sentenced him to ninety-nine years on the robbery count concurrent with five years on the aggravated assault count. The court retained jurisdiction over one-third of his sentence pursuant to section 947.16(3), Florida Statutes (Supp.1982).
Cooper contends that in accepting his plea, the trial court erred in failing to inform him that it could retain jurisdiction over one-third of any sentence imposed. State v. Green, 421 So. 2d 508 (Fla.1982). In Green, however, the defendant moved to vacate and set aside his sentence based on his lack of knowledge that the trial judge could retain jurisdiction over a portion of his sentence. Cooper did not file such a motion, nor did he move to withdraw his guilty plea. Counts v. State, 376 So. 2d 59 (Fla. 2d DCA 1979). Accordingly, we do not reach this issue on direct appeal.
We find no merit in defendant’s other point on appeal.
We, therefore, affirm defendant’s conviction and sentence without prejudice to file a motion for relief under Florida Rule of Criminal Procedure 3.850.
GRIMES, A.C.J., and CAMPBELL, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Counts v. State, 376 So. 2d 59 (Fla. 2d DCA 1979)
- State v. Green, 421 So. 2d 508 (Fla. 1982)