JOHN WILLIAM CLARK, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOHN WILLIAM CLARK, JR., APPELLANT,
STATE OF FLORIDA, APPELLEE
489 So. 2d 1166
Florida District Court of Appeal, First District (1986)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
This cause is before us on appeal from an Okaloosa County Circuit Court summary denial of appellant’s Rule 3.850 motion for postconviction relief which sought to vacate the court’s retention of jurisdiction over one-third of two life sentences 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Arnett v. State, 591 So. 2d 1014 (Fla. 1st DCA 1991)…ng error in the trial court’s retention of jurisdiction over twenty years of the first one-third of a life sentence. It is improper to retain jurisdiction 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 corre…
Authorities Cited
- Stettler v. State, 475 So. 2d 1009 (Fla. 1st DCA 1985)