RICHARD DODD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in retaining jurisdiction over the sentence based on the defendant's alleged use of a firearm, but affirmed the conviction and sentence in all other respects.
The defendant was convicted of conspiracy to traffic in cannabis. The defendant argued the informant was paid under a contingent fee arrangement, simi…
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HALL, Judge.
Defendant appeals his conviction and sentence for conspiracy to traffic in cannabis.
Defendant argues that the facts of this case are similar to the facts in the case of State v. Glosson, 462 So. 2d 1082 (Fla.1985), contending that the informant was to be paid under a contingent fee arrangement as in Glosson. To the contrary, the record reflects that the informant was to be paid an amount based on the type of transaction and the risk involved, not a percentage of any funds realized from the drug transaction as in Glosson. Moreover, in Glosson, the testimony of the informant was essential for a conviction of the defendant, whereas in this case, the jury could have convicted the defendant without consideration of the testimony of the informant.
We find the facts of this case more consistent with those in Yolman v. State, 473 So. 2d 716 (Fla.2d DCA 1985) and affirm on the authority of Yolman.
The trial court retained jurisdiction over defendant’s sentence pursuant to section 947.16(3), Florida Statutes (1983). The basis of the court’s retention of jurisdiction was the use of a firearm by the defendant. The facts of this case do not justify the determination by the trial judge that the defendant used a firearm in the commission of this felony. See Robinson v. State, 368 So. 2d 638 (Fla.2d DCA 1979). Thus, the trial court erred in retaining jurisdiction over defendant’s sentence.
We find no merit to the other point raised by appellant.
Accordingly, we strike the retention of jurisdiction provision of the defendant’s sentence but affirm the judgment and sentence in all other respects.
GRIMES, A.C.J., and FRANK, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Taylor v. State, 612 So. 2d 626 (Fla. 1st DCA 1993)…ent upon a successful prosecution); State v. Prieto, 479 So. 2d 320 (Fla. 3d DCA 1985) (payment to informant contingent on the quantity of drugs seized and not on cooperation and trial testimony in the resulting criminal prosecution); Dodd v. State, 475 So. 2d 310 (Fla. 2d DCA 1985), rev. denied, 488 So. 2d 829 (Fla.1986) (informant paid an amount based on type of transaction and risk involved, not a percentage of any funds realized from the drug transaction); Yolman v. State, 473 So. 2d 716 (Fla. 2d DCA), re…
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Perez v. State, 517 So. 2d 106 (Fla. 3d DCA 1987)…ween police and an informant is a ground for reversal only if the informant’s testimony is essential for conviction and if there is proof that the fee was contingent based on the percentage of funds obtained from the drug transaction. Dodd v. State, 475 So. 2d 310 (Fla. 2d DCA 1985), review denied, 488 So. 2d 829 (Fla.1986); Yolman v. State, 473 So. 2d 716 (Fla. 2d DCA), review denied, 475 So. 2d 696 (Fla.1985). The fee arrangement involved here was based on the type and quality of the case. The confidential…
Authorities Cited
- State v. Boyce E. Glosson, 462 So. 2d 1082 (Fla. 1985)
- Howard v. State, 473 So. 2d 716 (Fla. 4th DCA 1985)
- Junior Robinson v. State, 368 So. 2d 638 (Fla. 2d DCA 1979)