MICHAEL TYRONE PARSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that retention of jurisdiction over consecutive sentences and imposition of mandatory minimum sentences for offenses arising from the same criminal episode are improper, and imposition of costs without notice violates due process.
Appellant's convictions and sentences were reviewed on appeal. Issues arose regarding the retention of jurisdiction over sentences, consecutive mandat…
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PER CURIAM.
We affirm appellant’s convictions and, except as hereinafter specifically provided, the sentences.
Retention of jurisdiction over one-half of each of several consecutive sentences is improper. Retention, where otherwise justified, may be retained over one-half of the total consecutive sentences imposed. § 947.16(3), Fla.Stat. (1982 Supp.); Goree v. State, 411 So. 2d 1352 (Fla. 3d DCA 1982).
Imposition of consecutive three-year mandatory minimum sentences for multiple offenses arising out of the same criminal episode is similarly impermissible. Palmer v. State, 438 So. 2d 1 (Fla.1983); Whitehead v. State, 446 So. 2d 194 (Fla. 4th DCA 1984).
Imposition of costs without adequate notice and an opportunity to be heard violates due process requirements. Jenkins v. State, 444 So. 2d 947 (Fla.1984).
We therefore remand this cause for correction of sentences and for such further proceedings, including hearing on costs, as may be appropriate.
AFFIRMED IN PART; REVERSED IN PART; REMANDED.
HERSEY, GLICKSTEIN and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cleve Andrew Mobley v. State, 473 So. 2d 692 (Fla. 4th DCA 1985)…so point out that it was error to retain jurisdiction over one-third of each of appellant’s consecutive sentences, instead of one-third of the total consecutive sentences. Coree v. State, 411 So. 2d 1352 (Fla. 3d DCA 1982); see also Parson v. State, 450 So. 2d 924 (Fla. 4th DCA 1984); Ferrey v. State, 457 So. 2d 1122 (Fla. 3d DCA 1984); Wicker v. State, 445 So. 2d 583 (Fla. 2d DCA 1983). However, this issue is rendered moot by our holding as to the invalidity of retention of jurisdiction over a portion of the…
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Hall v. State, 453 So. 2d 932 (Fla. 3d DCA 1984)…DCA 1978). However, the minimum-mandatory three-year sentences, pursuant to the provisions of Section 775.-087(2) Florida Statutes (1981), should have been ordered to be served concurrently. Palmer v. State, 438 So. 2d 1 (Fla.1983); Parson v. State, 450 So. 2d 924 (Fla. 4th DCA 1984); Whitehead v. State, 446 So. 2d 194 (Fla. 4th DCA 1984). Therefore the convictions are affirmed and the sentences are affirmed except as modified by this opinion to make the minimum-mandatory three-year sentences run concurrent…
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Mora v. State, 454 So. 2d 92 (Fla. 3d DCA 1984)…to the extent only of providing that the three-year minimum mandatory provisions imposed pursuant to Sec. 775.087(2), Fla.Stat. (1981) shall be served concurrently rather than consecutively. Palmer v. State, 438 So. 2d 1 (Fla.1983); Parson v. State, 450 So. 2d 924 (Fla. 4th DCA 1984); Whitehead v. State, 446 So. 2d 194 (Fla. 4th DCA 1984). Affirmed as modified.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- Dean v. Publix Supermarkets, Inc., 438 So. 2d 1 (Fla. 1983)
- Whitehead v. State, 446 So. 2d 194 (Fla. 4th DCA 1984)
- Goree v. State, 411 So. 2d 1352 (Fla. 3d DCA 1982)