TERRY LEE WILLIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in retaining jurisdiction over a life sentence because a life span is immeasurable.
Appellant was convicted of robbery and first-degree murder and sentenced to concurrent terms. The trial court retained jurisdiction over twenty-five y…
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SCHEB, Judge.
Terry Lee Willis was convicted of robbery and first-degree murder and sentenced to concurrent terms of fifteen years and life imprisonment. The trial court retained jurisdiction over twenty-five years of the appellant’s life sentence pursuant to section 947.16(3), Florida Statutes (1981).
We hold that the trial court erred in retaining jurisdiction over the life sentence because a life span is immeasurable. Cordero-Pena v. State, 421 So. 2d 661 (Fla. 3d DCA 1982). We note, however, that since appellant was convicted of a capital felony, he is required to serve no less than twenty-five years before becoming eligible for parole. See § 775.082(1), Fla.Stat. (1981).
We have examined appellant’s other points on appeal and find them to be without merit. Accordingly, we vacate the portion of the sentence for first-degree murder wherein the trial court retained jurisdiction for twenty-five years over the life sentence. Otherwise, we affirm appellant’s judgments and sentences.
BOARDMAN, A.C.J., and LEHAN, J., concur.
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Wainwright v. State, 704 So. 2d 511 (Fla. 1997)…disclosed or intro-during in evidence the material not disclosed, or enter such other order as it deems just under the circumstances. . See § 775.082(1), Fla. Stat. (1993). . See generally § 947.16(4), Fla. Stat. (1993). See also Willis v. State, 447 So. 2d 283, 283 (Fla. 2d DCA 1983) (“We hold that the trial court erred in retaining jurisdiction over the life sentence because a life span is immeasurable.”). . Issues 3-6 and 8 are without merit.…
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Varnes v. State, 489 So. 2d 893 (Fla. 2d DCA 1986)…fe sentence for murder. He alleges that the trial court retained jurisdiction over one-third of that sentence pursuant to section 947.16(4), Florida Statutes (1985). If this is true, the retention is improper and should be stricken. Willis v. State, 447 So. 2d 283 (Fla. 2d DCA 1983). Accordingly, we reverse and remand this case to the trial court with directions either to grant the relief requested or to attach sufficient portions of the record to demonstrate that Varnes is not entitled to relief. RYDER,…
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Stettler v. State, 475 So. 2d 1009 (Fla. 1st DCA 1985)…sdiction over a portion of a life sentence is not proper. Mobley v. State, 473 So. 2d 692 (Fla. 4th DCA, March 20, 1985); Brown v. State, 460 So. 2d 988 (Fla. 4th DCA 1984); Kosek v. State, [*1010] 448 So. 2d 57 (Fla. 5th DCA 1984); Willis v. State, 447 So. 2d 283 (Fla. 2d DCA 1983); Woodson v. State, 439 So. 2d 976 (Fla. 3d DCA 1983); Rodriguez v. State, 424 So. 2d 892 (Fla. 3d DCA 1982); Cordero-Pena v. State, 421 So. 2d 661 (Fla. 3d DCA 1982). That portion of the sentence wherein the trial judge retained…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Belarmino Cordero-Pena v. State, 421 So. 2d 661 (Fla. 3d DCA 1982)