CARL COWARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1985-03-22
No. 84-1722
GRIMES, A.C.J., and CAMPBELL, J., concur.
465 So. 2d 641 Florida District Court of Appeal, Second District (1985) Positive Treatment
Cited by 6 cases
Opinion of the Court
SCHEB, Judge.

SCHEB, Judge.

Defendant pled nolo contendere to a charge of robbery with a firearm. The trial judge adjudicated the defendant guilty and sentenced him to seven years imprisonment with a three year mandatory sentence. Defendant was sentenced under the sentencing guidelines. The trial court retained jurisdiction over one-third of the defendant’s term under section 947.16(3), Florida Statutes (1983).

A trial court cannot retain jurisdiction over a defendant in cases in which the sentencing guidelines apply since parole is not available in such cases. Carter v. State, 464 So. 2d 172 (Fla. 2d DCA 1985).

Accordingly, we affirm the defendant’s conviction and sentence but remand to the trial court to strike the retention of jurisdiction provision.

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

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Ragan v. State, 468 So. 2d 322 (Fla. 2d DCA 1985)
    …nces pursuant to section 947.16(3), Florida Statutes (1983). A trial court is prohibited from retaining jurisdiction over a defendant in which the sentencing guidelines apply since parole is no longer available to him in such cases. Coward v. State, 465 So. 2d 641 (Fla. 2d DCA 1985); Emory v. State, 463 So. 2d 1242 (Fla. 2d DCA 1985); Carter v. State, 464 So. 2d 172 (Fla. 2d DCA 1985). Accordingly, we strike the retention of jurisdiction provisions of the sentences but affirm the judgments and sentences in al…
  • Harris v. State, 485 So. 2d 837 (Fla. 5th DCA 1986)
    …PER CURIAM. The judgment is affirmed. The sentence is modified by deleting the trial court’s retention of jurisdiction. See Walker v. State, 473 So. 2d 694 (Fla.1st DCA 1985); Coward v. State, 465 So. 2d 641 (Fla. 1st DCA 1985). DAUKSCH, UPCHURCH and COWART, JJ., concur.…
  • Heck v. In the Interest of M.H., 627 So. 2d 1325 (Fla. 3d DCA 1993)
    …’s hearsay statements contained in the videotapes to be admitted during the trial. See Gunn Plumbing, Inc. v. Dania Bank, 252 So. 2d 1 (Fla.1971) (An appropriate stipulation is binding upon parties and court.); City Laundry & Linen Supply v. Coster, 465 So. 2d 641 (Fla. 1st DCA 1985) (Parties are bound by pretrial stipulation absent good cause for modification.). Accordingly, the trial court’s order adjudicating M.H. and R.H. dependent as to their father is hereby affirmed. See Hardy v. Department of Health &…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw