DIETER SCHMIDT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
This is an appeal conducted pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), in a probation revocation proceeding. After the public defender filed a memorandum brief, this court afforded Dieter Schmidt the opportunity to file additional briefs in this appeal. He has done so, the state filed a response and we now affirm as to all issues raised except the issue of the trial court’s retention of jurisdiction.
Appellant, pro se, raises several points on appeal, only one of which has merit. He asserts that he was not told, at the time he entered his plea of nolo contendere, that the trial court could retain jurisdiction over the first one-third of his sentence. The state concedes this point. Therefore, under State v. Green, 421 So. 2d 508 (Fla.1982), we are compelled to remand this cause to the trial court so that it may either strike the retention of jurisdiction, allowing the original plea to stand, or allow appellant to withdraw his nolo plea. Mrozowski v. State, 444 So. 2d 587 (Fla. 2d DCA 1984); Fowler v. State, 443 So. 2d 125 (Fla. 5th DCA 1983); Crawford v. State, 438 So. 2d 974 (Fla. 2d DCA 1983).
Remanded with directions.
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Citator
Cited By
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Dieter Schmidt v. State, 490 So. 2d 1070 (Fla. 3d DCA 1986)…PER CURIAM. Affirmed. State v. Schmidt, 464 So. 2d 1302 (Fla. 3d DCA 1985).…
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Harmon v. Barton, 894 F.2d 1268 (11th Cir. 1990)…he present case, Harmon alleges that his plea was involuntary because he was not informed that the trial court could retain jurisdiction over one-third of his sentence. This issue could have been raised on direct appeal, see, e.g., Schmidt v. State, 464 So. 2d 1302 (Fla.Dist.Ct.App.1985); Mrozowski v. States, 444 So. 2d 587 (Fla.Dist.Ct.App.1984), and in a motion to vacate and set aside the sentence. See, e.g., Green v. State, 406 So. 2d 1148 (Fla.Dist.Ct. App.1981), aff'd, State v. Green, 421 So. 2d 508 (Fla.…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- State v. Green, 421 So. 2d 508 (Fla. 1982)
- Crawford v. State, 438 So. 2d 974 (Fla. 2d DCA 1983)
- Fowler v. State, 443 So. 2d 125 (Fla. 5th DCA 1983)
- Mrozowski v. State, 444 So. 2d 587 (Fla. 2d DCA 1984)