JAMES LEE WILLIE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES LEE WILLIE, APPELLANT,
STATE OF FLORIDA, APPELLEE
468 So. 2d 322
Florida District Court of Appeal, Fourth District (1985)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The defendant argues that the trial judge erred in his calculation of credit for amount of time served. We agree the defendant should have received credit for seven days more.
The cause is affirmed in all other respects.
REMANDED FOR CORRECTION.
LETTS and DELL, JJ., and YAWN, THERON A., Jr., Associate Judge, concur.
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Keys v. State, 473 So. 2d 800 (Fla. 5th DCA 1985)…. State, 455 So. 2d 449 (Fla. 5th DCA 1984), review granted, 475 So. 2d 1218, Supreme Court No. 65,928. Any reference by the trial judge to impermissible reasons for departure from the guidelines does not vitiate these valid reasons. Ragan v. State, 468 So. 2d 322 (Fla. 2d DCA 1985); Albritton v. State, 458 So. 2d 320 (Fla. 5th DCA 1984), review granted, Supreme Court No. 66,169. However, we do agree with Keys’ contention that the trial judge erred in retaining jurisdiction over his sentences. See Ragan v. St…
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Morales v. State, 471 So. 2d 625 (Fla. 2d DCA 1985)…ial judge was aware of defendant’s presumptive sentence under the guidelines. Thus the trial judge had sufficient information before him when he decided.to depart from the recommended guidelines range in sentencing the defendant. See Ragan v. State, 468 So. 2d 322 (Fla. 2d DCA 1985). Moreover, the trial judge set forth a number of reasons for departure in his comprehensive written order containing findings of aggravating circumstances. These reasons — defendant’s outrageous actions and excessive use of force…
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Kerr v. State, 481 So. 2d 1233 (Fla. 2d DCA 1985)…jurisdiction over his sentence. A trial court may not retain jurisdiction over a defendant where sentencing guidelines apply, since parole is no longer available in such cases pursuant to section 921.001(8), Florida Statutes (1983). Ragan v. State, 468 So. 2d 322 (Fla. 2d DCA 1985). Accordingly, we strike the retention of jurisdiction provision of defendant’s sentences. See Blackwelder v. State, 476 So. 2d 280 (Fla. 2d DCA 1985); Barr v. State, 473 So. 2d 25 (Fla. 2d DCA 1985). Otherwise, we affirm the jud…
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