DAVID RONALD ARNETT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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JOANOS, Chief Judge.
Appellant seeks review of the trial court's order denying his motion for post-conviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. As grounds for relief, the motion alleged sentencing 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 correct illegal sentence, and remand with directions to strike the retention of jurisdiction over a portion of the life sentence.
SHIVERS and ZEHMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hall v. State, 643 So. 2d 635 (Fla. 1st DCA 1994)…der rule 3.850. The courts have the authority to treat prisoner petitions as if the proper remedy were sought if it would be in the interest of justice to do so. Fenter v. State, 632 So. 2d 685, 686 n. 1 (Fla. 2d DCA 1994). See also Arnett v. State, 591 So. 2d 1014 (Fla. 1st DCA 1992); and Priest v. State, 483 So. 2d 900 (Fla. 1st DCA 1986). In the instant case, the court below should have treated Hall’s motion as if filed pursuant to rule 3.850.1 See Young v. State, 619 So. 2d 378 (Fla. 2d DCA 1993); DeSantis…
Authorities Cited
- State v. Cleve Andrew Mobley, 481 So. 2d 481 (Fla. 1986)
- Sanchez v. Maynard F. Swanson, Jr., 481 So. 2d 481 (Fla. 1986)
- Frazier v. State, 488 So. 2d 166 (Fla. 1st DCA 1986)
- Stettler v. State, 475 So. 2d 1009 (Fla. 1st DCA 1985)
- Clark v. State, 489 So. 2d 1166 (Fla. 1st DCA 1986)