ARBA EARL BARR, A/K/A FLOYD BARTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Appellant was sentenced to consecutive prison terms of ninety-nine years for armed robbery with a deadly weapon and fifteen years for aggravated battery. The trial judge retained jurisdiction over one third of his sentences. Because appellant was sentenced 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.
Cases With Similar Vibessemantic neighbors from the corpus
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Blackwelder v. State, 476 So. 2d 280 (Fla. 2d DCA 1985)…third of his sentences for robbery, attempted first degree murder, and kidnapping. Because appellant was sentenced under the guidelines for these offenses, the retention of jurisdiction provisions of these sentences must be stricken. Barr v. State, 473 So. 2d 25 (Fla. 2d DCA 1985). Finally, appellant argues that the trial court’s extent of departure was not commensurate with the severity of the offenses. The maximum statutory sentence is not the only lawful limitation on departure. Albritton v. State, 476 S…
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Hobbs v. Hobbs, 518 So. 2d 439 (Fla. 1st DCA 1988)…e of the marital home. The court in Marks concluded that the provision regarding the mortgage payments was “solely in the nature of a property settlement and is not enforceable by contempt.” Id. at 1138 (citations omitted). See also Crea v. Willick, 473 So. 2d 25 (Fla. 2d DCA 1985); Ball v. Ball, 440 So. 2d 677 (Fla. 1st DCA 1983); Schminkey v. Schminkey, 400 So. 2d 121 (Fla. 4th DCA 1981). In contrast, if the debt owed by the husband in the case at bar can fairly be characterized as unpaid lump sum alimony…
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Montanez v. Montanez, 697 So. 2d 184 (Fla. 2d DCA 1997)…rough contempt, even if given effect in a final judgment of dissolution, because to do so violates constitutional provision prohibiting imprisonment for debt); accord Hobbs v. Hobbs, 518 So. 2d 439 (Fla. 1st DCA 1988); Meadows, 489 So. 2d 850; Crea, 473 So. 2d 25; Schminkey v. Schminkey, 400 So. 2d 121 (Fla. 4th DCA 1981). Accordingly, we must reverse that part of the order finding the former husband to be in contempt for his failure to abide by the provision of the marital settlement agreement, incorporated…1 / 2
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- Williams v. State, 470 So. 2d 864 (Fla. 2d DCA 1985)
- Morales v. State, 471 So. 2d 625 (Fla. 2d DCA 1985)