JOHNNIE LEE KEYS, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOHNNIE LEE KEYS, JR., APPELLANT,
STATE OF FLORIDA, APPELLEE
522 So. 2d 552
Florida District Court of Appeal, Fifth District (1988)
Caution
Cited by 15 cases
Opinion of the Court
UPCHURCH, Judge, Retired.
Johnnie Lee Keys appeals his convictions and sentences for sexual battery, robbery and aggravated battery. We find no abuse of discretion in the departure sentences. However, because the sentencing guidelines apply, the trial court should not have retained jurisdiction over those sentences. Hansbrough v. State, 509 So. 2d 1081 (Fla. 1987). Accordingly, we strike the trial court’s retention of jurisdiction but affirm the judgments and sentences in all other respects.
AFFIRMED as modified.
SHARP, C.J., and COBB, J., concur.
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Citator
Cited By (15 total)
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Kennedy v. Kennedy, 622 So. 2d 1033 (Fla. 5th DCA 1993)…d be justified in any case in which the parties have been married long enough for some trial judge to classify the marriage as "long term.” Eight years was held long enough to justify permanent, periodic alimony by a trial judge in Wismar v. Wismar, 522 So. 2d 552 (Fla. 5th DCA 1988). This makes alimony nothing less than an annuity giving one spouse an interest in the other spouse’s income up to the amount necessary to assure equal incomes. This is not the traditional concept of alimony nor is it consistent w…
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Myron Lee Murray v. Murray, 598 So. 2d 310 (Fla. 2d DCA 1992)…od health, and had worked at the same job for approximately twelve years. Based upon this evidence, the trial court erred by finding that the appellee could not be self supporting and awarding her permanent periodic alimony. Fulks; Wismar v. Wismar, 522 So. 2d 552 (Fla. 5th DCA 1988); Evans v. Evans, 443 So. 2d 233 (Fla. 1st DCA 1983); Campbell v. Campbell, 432 So. 2d 666 (Fla. 5th DCA 1983), petition for review dismissed, 453 So. 2d 1364 (Fla.1984). The fact that the appellant has more income than the appell…
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Siegel v. Siegel, 564 So. 2d 226 (Fla. 5th DCA 1990)…permanent periodic alimony error in ten year marriage where record showed wife, a thirty-four year old Thai native had clerical skills, spoke several languages and possessed ultimate capability to become self-supporting). See also Wismar v. Wismar, 522 So. 2d 552 (Fla. 5th DCA 1988) (award of permanent periodic alimony to thirty-two year old wife upon dissolution of eight year marriage error where wife’s education and earning ability showed she had capacity for self-support, parties were in similar financial…
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- Hansbrough v. State, 509 So. 2d 1081 (Fla. 1987)