WARREN J. DOBBS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1984-08-16
No. 83-1537
ORFINGER and FRANK D. UP-CHURCH, Jr., JJ., concur.
454 So. 2d 73 Florida District Court of Appeal, Fifth District (1984) Positive Treatment
Cited by 2 cases
Opinion of the Court
COBB, Chief Judge.

[*74] COBB, Chief Judge.

The defendant was convicted and sentenced on three counts of lewd and lascivious assault. We find the trial court’s justification for retention of jurisdiction was stated with individual particularity as required by section 947.16(3)(a), Florida Statutes (1983).

The defendant is correct, however, in his contention that those portions of the sentencing orders retaining jurisdiction of the first one-third of each consecutive sentence are invalid. Section 947.16(3), Florida Statutes (1983) provides that where consecutive sentences are concerned, the court’s retention is limited to one-third of the total of the consecutive sentences imposed, rather than one-third of each consecutive sentence. See Adams v. State, 435 So. 2d 953 (Fla. 2d DCA 1983).

AFFIRMED IN PART; REVERSED IN PART; AND REMANDED FOR RESEN-TENCING.

ORFINGER and FRANK D. UP-CHURCH, Jr., JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Dobbs v. State, 473 So. 2d 28 (Fla. 5th DCA 1985)
    …[*29] KIRKWOOD, L.R., Associate Judge. This court previously affirmed the trial court’s justification for retention of jurisdiction and remanded for resentencing to correct the way in which the trial court imposed the retention, 454 So. 2d 73. The defendant filed a pro se motion seeking to be sentenced under the Sentencing Guidelines which the trial court properly denied. The appellant mistakenly relies upon Reid v. State, 460 So. 2d 921 (Fla. 2d DCA 1984). In that case, the district c…
  • Johnson v. State, 495 So. 2d 830 (Fla. 1st DCA 1986)
    …la. 1st DCA 1985), this court reached a similar result stating that “[t]he proper way to reserve jurisdiction over consecutive sentences is to enter an order reserving jurisdiction over one-half of the total [sentence]. ...” See also Dobbs v. State, 454 So. 2d 73 (Fla. 5th DCA 1984) (holding that trial court’s sentencing orders should be remanded for resentencing where the trial court had incorrectly retained jurisdiction over the first one-third of each of the defendant’s consecutive sentences). In sum, sec…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw