STATE OF FLORIDA, PETITIONER,
v.
CLEVE ANDREW MOBLEY, RESPONDENT
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A trial court's retention of jurisdiction over a sentence, absent statutory authority, is reviewable on appeal even without an objection at sentencing.
The district court affirmed convictions but found reversible error in the trial court's retention of jurisdiction over a portion of a life sentence wi…
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PER CURIAM.
This cause is before us due to express and direct conflict with Cofield v. State, 453 So. 2d 409 (Fla. 1st DCA 1984). We have jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution.
The district court affirmed Mobley’s convictions, but found reversible error in the trial court’s retention of jurisdiction over one-third of his life sentence even though there was no objection at sentencing. We approve the decision of the district court.
If a trial court has no statutory authority to retain jurisdiction over a defendant’s sentence, failure to object in the trial court will not preclude appellate review. State v. Walcott, 472 So. 2d 741 (Fla.1985). There is no statutory authority for retention of jurisdiction over an indeterminate sentence. Echols v. State, 484 So. 2d 568 (Fla. Sept. 19,1985); Cordero-Pena v. State, 421 So. 2d 661 (Fla. 3d DCA 1982).
Accordingly, we approve the decision of the district court * and disapprove the contrary holding on this issue in Cofield.
It is so ordered.
BOYD, C.J., and ADKINS, OVERTON, McDonald, EHRLICH and SHAW, JJ., concur. *
We find no need to discuss respondent’s point III.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (14 total)
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State v. Whitfield, 487 So. 2d 1045 (Fla. 1986)…incing reasons for departure. Thus, Rhoden, Walker, and Snow are controlling and the district court was correct in considering the sentencing error on appeal even though there had been no contemporaneous objection at trial. See also State v. Mobley, 481 So. 2d 481 (Fla.1986). The state also argues that the comments of the trial judge at sentencing indicate that there would have been a knowing departure from the guidelines even if the judge had realized there was an inadvertent departure. Thus, the state argu…
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Cofield v. State, 602 So. 2d 586 (Fla. 1st DCA 1992)…field appealed, raising the propriety of retaining jurisdiction over a life sentence, but this court dismissed the appeal based on a failure to object to the retention, Cofield v. State, 453 So. 2d 409 (Fla. 1st DCA 1984), overruled State v. Mobley, 481 So. 2d 481 (Fla.1986). The instant motion pursuant to Rule 3.800(a) was filed on June 20, 1991. Co-field alleged therein that his sentence was illegal based on: 1) the impropriety of retaining jurisdiction over a life sentence, and 2) the imposition of conse…1 / 2
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Cook v. State, 481 So. 2d 1285 (Fla. 4th DCA 1986)…ike that aspect of the sentence retaining jurisdiction for fifteen years. With that modification, the order appealed from is affirmed. Affirmed as modified. DOWNEY and WALDEN, JJ., and WES-SEL, JOHN D., Associate Judge, concur. . State v. Mobley, 481 So. 2d 481 (Fla.1986), aff’g Mobley v. State, 473 So. 2d 692 (Fla. 4th DCA 1985); Brown v. State, 460 So. 2d 988 (Fla. 4th DCA 1984); Kosek v. State, 448 So. 2d 57 (Fla. 5th DCA 1984); Rodriguez v. State, 424 So. 2d 892 (Fla. 3d DCA 1982); Cordero-Pena v. Stat…
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Echols v. State, 484 So. 2d 568 (Fla. 1985)
- Belarmino Cordero-Pena v. State, 421 So. 2d 661 (Fla. 3d DCA 1982)
- Cofield v. State, 453 So. 2d 409 (Fla. 1st DCA 1984)
- State v. Walcott, 472 So. 2d 741 (Fla. 1985)