JAMES HAWKINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1985-02-08
No. 84-685
GRIMES, A.C.J., and SCHOONOVER, J., concur.
463 So. 2d 480 Florida District Court of Appeal, Second District (1985) Positive Treatment
Cited by 10 cases
Topics
Retention Of Jurisdiction Parole Eligibility Sentencing Guidelines

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Opinion of the Court
FRANK, Judge.

FRANK, Judge.

Following a jury’s conviction of the appellant for the crimes of sexual battery and burglary/assault, the trial court sentenced him to concurrent terms of sixty years imprisonment on each of a two count information and it retained jurisdiction over one-third of both sentences contrary to the provisions of Section 947.16(3), Florida Statutes (1983). The concurrent sentences were imposed pursuant to the sentencing guidelines. By operation of Section 921.-001(8), Florida Statutes (1983), parole is no longer available to persons who are sentenced under the guidelines. Thus, the retention of jurisdiction, a practice which historically had relevance only when parole was available, is inappropriate. Carter v. State, 464 So. 2d 172 (Fla. 2d DCA 1986); Davis v. State, 458 So. 2d 42 (Fla. 4th DCA 1984).

We therefore strike the trial court’s retention of jurisdiction but affirm the judgments and sentences in all other respects.

GRIMES, A.C.J., and SCHOONOVER, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Bradley v. State, 468 So. 2d 378 (Fla. 1st DCA 1985)
    …her than vacating guidelines sentences because the trial court improperly retained jurisdiction, the Second District Court of Appeal has heretofore merely set aside the retention. Emory v. State, 463 So. 2d 1242 (Fla. 2d DCA 1985); Hawkins v. State, 463 So. 2d 480 (Fla. 2d DCA 1985); Carter v. State, 464 So. 2d 172 (Fla. 2d DCA 1985). Cf., Walker v. State (Fla. 1st DCA 1985) [10 FLW 753] (error recognized, but sentence vacated on other grounds). But in the case before us, the record clearly shows the trial co…
  • Williams v. State, 470 So. 2d 864 (Fla. 2d DCA 1985)
    …nt because he was sentenced pursuant to the sentencing guidelines. § 921.001(8), Fla. Stat. (1983). Thus, the trial court erred in retaining jurisdiction over defendant’s sentence. Emory v. State, 463 So. 2d 1242 (Fla.2d DCA 1985); Hawkins v. State, 463 So. 2d 480 (Fla.2d DCA 1985); Carter v. State, 464 So. 2d 172 (Fla.2d DCA 1985). DANAHY, A.C.J., and CAMPBELL and HALL, JJ., concur.…
  • Senczyszyn v. State, 467 So. 2d 1044 (Fla. 2d DCA 1985)
    …1979). Parole is no longer available to the appellant because she was sentenced pursuant to the guidelines. § 921.001(8), Fla.Stat. (1983). Thus, the court erred in retaining jurisdiction over appellant’s sentence. Carter v. State; Hawkins v. State, 463 So. 2d 480 (Fla. 2d DCA 1985). Accordingly, we strike the trial court’s retention of jurisdiction but affirm appellant’s judgment and sentence in all other respects. GRIMES, A.C.J., and SCHEB and CAMPBELL, JJ., concur.…

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