WARREN J. DOBBS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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KIRKWOOD, L.R., Associate Judge.
This court previously affirmed the trial court’s justification for retention of jurisdiction and remanded for resentencing to correct the way in which the trial court imposed the retention, 454 So. 2d 73.
The defendant filed a pro se motion seeking to be sentenced under the Sentencing Guidelines which the trial court properly denied. The appellant mistakenly relies upon Reid v. State, 460 So. 2d 921 (Fla. 2d DCA 1984). In that case, the district court reversed the entire sentence as it was in excess of the legal maximum sentence.
In affirming the trial court’s justification for retention, this court limited the resentencing to the correction of the technical defect in the judgment and sentence which did not include the right to a complete resentencing since the original sentence was not vacated.
AFFIRMED.
DAUKSCH and ORFINGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Holt v. State, 547 So. 2d 203 (Fla. 3d DCA 1989)…r that degree of felony. The trial court made the appropriate correction, and determined that the 50 year sentence was proper from the outset, and the sentence was amended nunc pro tunc. We find no error and affirm. See and compare Dobbs v. State, 473 So. 2d 28 (Fla. 5th DCA 1985). Affirmed.…
Authorities Cited
- Reid v. State, 460 So. 2d 921 (Fla. 2d DCA 1984)
- C.D.H. v. State, 454 So. 2d 73 (Fla. 1st DCA 1984)
- Dobbs v. State, 454 So. 2d 73 (Fla. 5th DCA 1984)