TERRY EDWARD STETTLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BARFIELD, Judge.
Defendant, Terry Edward Stettler, appeals that portion of his life sentence wherein the trial court retained jurisdiction over one-third of the sentence.
Retention of jurisdiction over a portion of a life sentence is not proper. Mobley v. State, 473 So. 2d 692 (Fla. 4th DCA, March 20, 1985); Brown v. State, 460 So. 2d 988 (Fla. 4th DCA 1984); Kosek v. State, 448 So. 2d 57 (Fla. 5th DCA 1984); Willis v. State, 447 So. 2d 283 (Fla. 2d DCA 1983); Woodson v. State, 439 So. 2d 976 (Fla. 3d DCA 1983); Rodriguez v. State, 424 So. 2d 892 (Fla. 3d DCA 1982); Cordero-Pena v. State, 421 So. 2d 661 (Fla. 3d DCA 1982).
That portion of the sentence wherein the trial judge retained jurisdiction over one-third of the life sentence is stricken. Otherwise, the sentence is AFFIRMED.
ERVIN and JOANOS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Clark v. State, 489 So. 2d 1166 (Fla. 1st DCA 1986)…es and one 300-year sentence. It is improper for the trial court to retain jurisdiction over a portion of a life sentence in this manner because it is impossible to calculate the length of time over which jurisdiction is retained. Stettler v. State, 475 So. 2d 1009 (Fla. 1st DCA 1985). Accordingly, the court’s retention of jurisdiction over one-third of the two life sentences is vacated. BOOTH, C.J., and ERVIN and THOMPSON, JJ., concur.…
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Arnett v. State, 591 So. 2d 1014 (Fla. 1st DCA 1991)…n over a portion of a life sentence. State v. Mobley, 481 So. 2d 481 (Fla.1986); Clark v. State, 489 So. 2d 1166 (Fla. 1st DCA 1986); Frazier v. State, 488 So. 2d 166 (Fla. 1st DCA 1986), review denied, 494 So. 2d 1150 (Fla.1986); Stettler v. State, 475 So. 2d 1009 (Fla. 1st DCA 1985). Accordingly, we treat appellant’s motion as a rule 3.800(a) motion to correct illegal sentence, and remand with [*1015] directions to strike the retention of jurisdiction over a portion of the life sentence. SHIVERS and ZEHMER…
Authorities Cited
- Belarmino Cordero-Pena v. State, 421 So. 2d 661 (Fla. 3d DCA 1982)
- Cabrales G. Rodriguez v. State, 424 So. 2d 892 (Fla. 3d DCA 1982)
- Willis v. State, 447 So. 2d 283 (Fla. 2d DCA 1983)
- Kosek v. State, 448 So. 2d 57 (Fla. 5th DCA 1984)
- Jabo Woodson v. State, 439 So. 2d 976 (Fla. 3d DCA 1983)
- Brown v. State, 460 So. 2d 988 (Fla. 4th DCA 1984)
- Cleve Andrew Mobley v. State, 473 So. 2d 692 (Fla. 4th DCA 1985)