JESSIE WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Defendant appéals his convictions and sentences for first degree burglary and grand theft. We strike the retention of jurisdiction provision of defendant’s burglary sentence but otherwise affirm.
The trial court retained jurisdiction over defendant’s burglary sentence pursuant to section 947.16(3), Florida Statutes (1983). The purpose of the retention statute is to prohibit the parole of a defendant without the trial judge’s approval until after the defendant has served a specified part of his sentence. Williams v. State, 374 So. 2d 1086 (Fla.2d DCA 1979). Parole, however, is not available to defendant 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Daniels v. State, 698 So. 2d 555 (Fla. 1st DCA 1997)…urt lacked jurisdiction to consider appellant’s motion for posteonviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850 during the pendency of appellant’s direct appeal of the order revoking his community control. Bryan v. State, 470 So. 2d 864 (Fla. 2d DCA 1985); Grizzell v. State, 187 So. 2d 342 (Fla. 1st DCA 1966); see State v. Meneses, 392 So. 2d 905 (Fla.1981). Accordingly, we affirm the denial of appellant’s motion for postconviction relief on this ground. See Robinson v. State, 393…
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Talmadge Hayes v. State, 566 So. 2d 945 (Fla. 2d DCA 1990)…without jurisdiction having been relinquished to the trial court to consider the motion. We affirm the denial of the motion because the trial court was without jurisdiction to consider it. State v. Meneses, 392 So. 2d 905 (Fla.1981); Bryan v. State, 470 So. 2d 864 (Fla. 2d DCA 1985). Our affirmance is without prejudice to Hayes’ right to file a sufficient motion after disposition of his pending appeal, and the return of jurisdiction to the trial court. SCHOONOVER, C.J., and CAMPBELL and HALL, JJ., concur.…
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Arba Earl Barr v. State, 473 So. 2d 25 (Fla. 2d DCA 1985)…ntenced pursuant to the guidelines under which parole is no longer available, we strike the retention of jurisdiction provision of the sentences. § 921.001(8), Fla.Stat. (1983); Morales v. State, 471 So. 2d 625 (Fla. 2d DCA 1985); Williams v. State, 470 So. 2d 864 (Fla. 2d DCA 1985). The judgment and sentences are otherwise affirmed. GRIMES, A.C.J., and OTT and CAMPBELL, JJ., concur.…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
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- Carter v. State, 464 So. 2d 172 (Fla. 2d DCA 1985)
- Williams v. State, 374 So. 2d 1086 (Fla. 2d DCA 1979)
- Hawkins v. State, 463 So. 2d 480 (Fla. 2d DCA 1985)
- Emory v. State, 463 So. 2d 1242 (Fla. 2d DCA 1985)