WILLIAM E. MEYERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WILLIAM E. MEYERS, APPELLANT,
STATE OF FLORIDA, APPELLEE
464 So. 2d 189
Florida District Court of Appeal, Second District (1985)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We find error only in the trial court’s retention of jurisdiction over one-half of appellant’s sentence. In accordance with this court’s opinion in Hayes v. State, 448 So. 2d 84 (Fla. 2d DCA 1984), on motion to modify mandate, 452 So. 2d 656 (1984), we remand this case to the trial court for correction of the sentence to reflect the trial court’s retention of jurisdiction over only one-third of the sentence.
Appellant’s judgment and sentence is otherwise AFFIRMED.
GRIMES, A.C.J., and DANAHY, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Nazworth v. State, 473 So. 2d 214 (Fla. 5th DCA 1985)…, 452 So. 2d 656 (Fla. 2d DCA 1984), specifically held to this effect in ruling that the one-third period applied where the defendant was sentenced after the effective date of Chapter 83-131. It has since re-affirmed its position in Meyers v. State, 464 So. 2d 189 (Fla. 2d DCA 1985). We believe that in light of Mills, the Second District’s position is correct and that the retention statute in effect at the time of conviction and sentencing applied here. Therefore, the trial court erred in retaining jurisdicti…
Authorities Cited
- Hayes v. State, 452 So. 2d 656 (Fla. 2d DCA 1984)
- Hayes v. State, 448 So. 2d 84 (Fla. 2d DCA 1984)