GLEN FLOYD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
GLEN FLOYD, APPELLANT,
STATE OF FLORIDA, APPELLEE
507 So. 2d 1232
Florida District Court of Appeal, Fifth District (1987)
Positive Treatment
Cited by 2 cases
Opinion of the Court
DAUKSCH, Judge.
This is an appeal of the summary denial of a Rule 3.850 motion. Although it appears from the order entered below that the trial court conceded that jurisdiction was improperly retained over one-third of each of defendant’s consecutive sentences rather than over one-third of the total term of years, the order is unclear and no corrected sentence was entered. Accordingly, the sentence is vacated and this cause is remanded to the trial court for entry of a corrected sentence with the court retaining jurisdiction over one-third of the total term of years imposed. In all other respects, the order of the trial court is affirmed.
SENTENCE VACATED; REMANDED.
SHARP and COWART, JJ., concur.
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McCLOUD v. State, 517 So. 2d 56 (Fla. 1st DCA 1987)…ZEHMER, Judge (dissenting). Because I believe the trial court erred in ruling that the state did not exercise its peremptory challenges in a racially discriminatory manner, Pearson v. State, 514 So. 2d 374 (Fla. 2d DCA 1987); Floyd v. State, 507 So. 2d 1232 (Fla. 3d DCA 1987); Slappy v. State, 503 So. 2d 350 (Fla. 3d DCA 1987), I respectfully dissent.…