ERIC ANTHONY BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The only issue meriting discussion is whether the trial court erred in retaining jurisdiction over “the first third of the maximum sentence imposed” pursuant to Section 947.16(3), Florida Statutes (1983), of a life sentence.
We adopt the position of the Third and Fifth Districts that Section 947.16(3) is inoperable. Kosek v. State, 448 So. 2d 57 (Fla. 5th DCA 1984); Woodson v. State, 439 So. 2d 976 (Fla. 3d DCA 1983); Rodriguez v. State, 424 So. 2d 892 (Fla. 3d DCA 1982), and Cordero-Pena v. State, 421 So. 2d 661 (Fla. 3d DCA 1982). Where a trial court imposes a life sentence, it is improper for it to retain jurisdiction over the first one-third of a life sentence because it is impossible to calculate the length of time over which jurisdiction is retained.
Accordingly, we remand and direct the trial judge to strike that portion of the order retaining jurisdiction. In all other respects, the judgment is affirmed.
LETTS, DELL and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cook v. State, 481 So. 2d 1285 (Fla. 4th DCA 1986)…order appealed from is affirmed. Affirmed as modified. DOWNEY and WALDEN, JJ., and WES-SEL, JOHN D., Associate Judge, concur. . State v. Mobley, 481 So. 2d 481 (Fla.1986), aff’g Mobley v. State, 473 So. 2d 692 (Fla. 4th DCA 1985); Brown v. State, 460 So. 2d 988 (Fla. 4th DCA 1984); Kosek v. State, 448 So. 2d 57 (Fla. 5th DCA 1984); Rodriguez v. State, 424 So. 2d 892 (Fla. 3d DCA 1982); Cordero-Pena v. State, 421 So. 2d 661 (Fla. 3d DCA 1982).…
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Cleve Andrew Mobley v. State, 473 So. 2d 692 (Fla. 4th DCA 1985)…tion is solely controlled by the separate statutory requirement that he be required to serve no less than twenty-five years before becoming eligible for parole.” Cordero-Pena v. State, 421 So. 2d 661, 662 (Fla. 3d DCA 1982). See also Brown v. State, 460 So. 2d 988 (Fla. 4th DCA 1984); Kosek v. State, 448 So. 2d 57 (Fla. 5th DCA 1984). We agree with this rationale and therefore hold that attempted retention of jurisdiction over a portion of a life sentence constitutes an illegal sentence and is error of fundam…
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Stettler v. State, 475 So. 2d 1009 (Fla. 1st DCA 1985)…life sentence wherein the trial court retained jurisdiction over one-third of the sentence. Retention of jurisdiction 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-P…
Authorities Cited
- Belarmino Cordero-Pena v. State, 421 So. 2d 661 (Fla. 3d DCA 1982)
- Cabrales G. Rodriguez v. State, 424 So. 2d 892 (Fla. 3d DCA 1982)
- Kosek v. State, 448 So. 2d 57 (Fla. 5th DCA 1984)
- Jabo Woodson v. State, 439 So. 2d 976 (Fla. 3d DCA 1983)