MANUEL FRANCISCO FERREY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court affirmed the defendant's convictions but remanded for correction of the sentences.
The defendant was convicted of armed burglary and attempted armed robbery. The admission of the victim's wife's testimony and the defendant's taped co…
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PER CURIAM.
The defendant was charged with armed burglary of a structure, armed kidnapping, multiple counts of attempted armed robbery, and first-degree murder. He was convicted on one count of armed burglary of a structure and multiple counts of attempted armed robbery. We affirm the convictions.
The wife of the victim of the alleged murder identified her deceased husband as the victim, notwithstanding that he had been previously identified by a non-relative. Although erroneous, the admission of the wife’s testimony was harmless where, as here, her testimony was required as to other matters at issue in the case; the record fails to show that her demeanor was such as to unduly evoke the jury’s sympathy; and, most significantly, the jury did not convict the defendant on the murder charge. See Welty v. State, 402 So. 2d 1159 (Fla.1981).
The admission of the defendant’s taped confession, even if error, is similarly harmless in light of the overwhelming evidence of defendant’s guilt, including an earlier confession, which was, as the defendant concedes, correctly admitted.
Although we affirm the convictions, we remand the cause for correction of the sentences imposed. A “trial court may not ... retain jurisdiction for the first one-third of each of the consecutive sentences imposed.” Goree v. State, 411 So. 2d 1352, 1854 (Fla. 3d DCA 1982). Accordingly, the trial court must correct the written sentences to clarify that it retains jurisdiction over one-third of the total consecutive sentences. ' See Wicker v. State, 445 So. 2d 583 (Fla. 2d DCA 1983); Wicker v. State, 438 So. 2d 398 (Fla. 2d DCA 1983); Adams v. State, 435 So. 2d 953 (Fla. 2d DCA 1983).
Judgment affirmed; remanded for correction of sentences.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Cleve Andrew Mobley v. State, 473 So. 2d 692 (Fla. 4th DCA 1985)…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 life sentence. We affirm the convictions but vacate…
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Ferrey v. State, 458 So. 2d 827 (Fla. 3d DCA 1984)…committed a sentencing error. We reject these points on appeal and affirm. The defendant’s first point has previously been rejected in a companion case, which necessarily means that his first and second points on appeal must fall. Ferrey v. State, 457 So. 2d 1122 (Fla. 3d DCA 1984). His third point has no merit and requires no discussion. Affirmed.…
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Emory E. Weaver, III v. State, 466 So. 2d 1196 (Fla. 3d DCA 1985)…ourt retains jurisdiction over one-half of the total consecutive sentences imposed, rather than, as now appears, one-half of each sentence. § 947.16(3), Fla.Stat. (Supp.1982). See Brown v. State, 458 So. 2d 1216 (Fla. 1st DCA 1984); Ferrey v. State, 457 So. 2d 1122 (Fla. 3d DCA 1984); Parson v. State, 450 So. 2d 924 (Fla. 4th DCA 1984); Marshall v. State, 448 So. 2d 603 (Fla. 3d DCA 1984); Wicker v. State, 445 So. 2d 583 (Fla. 2d DCA 1983); Wicker v. State, 438 So. 2d 399 (Fla. 2d DCA 1983); Wicker v. State, 4…
Authorities Cited
- Welty v. State, 402 So. 2d 1159 (Fla. 1981)
- Goree v. State, 411 So. 2d 1352 (Fla. 3d DCA 1982)
- Adams v. State, 435 So. 2d 953 (Fla. 2d DCA 1983)
- Wicker v. State, 438 So. 2d 398 (Fla. 2d DCA 1983)
- Wicker v. State, 445 So. 2d 583 (Fla. 2d DCA 1983)