ANTHONY E. WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1992-01-17
No. 91-1210
WIGGINTON and BARFIELD, JJ„ concur.
592 So. 2d 1199 Florida District Court of Appeal, First District (1992)

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Synopsis

Anthony Williams appealed the denial of his motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850, challenging the trial court's retention of jurisdiction over one-third of his 60-year sentence. Williams argued that only the original sentencing judge could retain jurisdiction, and since that judge had left the circuit, no other judge could exercise this power. The court affirmed the denial, holding that retention of jurisdiction is exercised by the sentencing court in its generic sense and is not personal to the individual judge.


Holding

The court held that retention of jurisdiction is exercised by the sentencing court in its generic sense and is not personal to the judge who imposed sentence. Therefore, the trial court retained jurisdiction over Williams's sentence even after the original sentencing judge left the circuit, and no relief from this retention is warranted.


Headnotes

[1] Retention of jurisdiction over a portion of a sentence is exercised by the sentencing court in its generic sense, not personally by the judge who imposed the sentence.

[2] A statutory amendment that provides for notice to the chief judge if the original sentencing judge is no longer in service does not divest the court of jurisdiction to re…

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Key Quotes

“Such retention of jurisdiction is exercised by the sentencing court in its generic sense, and is not personal to the judge who imposed sentence.”

Establishes the core holding that retention of jurisdiction belongs to the court as an institution, not to the individual judge, addressing Williams's argument that only the original sentencing judge could retain jurisdiction.

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Facts & Procedural History

Williams was sentenced on April 15, 1981, in Leon County Circuit Court to 60 years for sexual battery and burglary of a dwelling, with the trial court…

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Opinion of the Court
JOANOS, Chief Judge.

JOANOS, Chief Judge.

This appeal is taken from the denial of appellant’s motion for post-conviction relief, pursuant to Florida Rule of Criminal Procedure 3.850. The motion claims entitlement to relief from the retention of jurisdiction over one-third of a sixty-year sentence, based on an assertion that the trial court lacks jurisdiction to retain jurisdiction. We affirm.

Appellant was sentenced on April 15, 1981, in Leon County Circuit Court, to a 60-year term for the offenses of sexual battery and burglary of a dwelling. The trial court retained jurisdiction over one-third of the sentence. Appellant maintains that under the law in effect when he was sentenced, only the original circuit court judge was authorized to retain jurisdiction over a defendant’s sentence. Since the judge who imposed sentence upon appellant left Leon County Circuit Court to become a member of this court several months after appellant filed a prior motion for post-conviction relief, appellant reasons that no other judge is authorized to retain jurisdiction over his sentence. The motion was denied for failure to set forth any reasons upon which relief could be granted. In a separately filed motion to disqualify judge, appellant seeks disqualification of the judge who originally imposed sentence and retained jurisdiction over a portion of that sentence.

The theory underlying appellant’s jurisdictional challenge seems to be the changes effected in section 947.16(3)(c), Florida Statutes (1981), by the 1982 amendments to the statute. The pertinent language of the 1981 version provides:

In such cases of retained jurisdiction, the commission, within the time requirements of s. 947.17(4), shall send notice of its release order to the original sentencing court and to the appropriate state attorney. Such notice shall stay the time requirements of s. 947.17(4). (Emphasis supplied.)

The 1982 version of section 947.16(3)(c) provides:

In such cases of retained jurisdiction, the commission, within 30 days of the final parole interview, shall send notice of its release order to the original sentencing judge and to the appropriate state attorney. If the original sentencing judge is no longer in service, such notice shall be sent to the chief judge of the circuit in which the offender was' sentenced. The chief judge may designate any circuit judge within the circuit to act in the place of the original sentencing judge. Such notice shall stay the time requirements of s. 947.174.

The purpose of the statute is to prohibit parole of a criminal defendant convicted of an enumerated offense without the prior approval of the trial judge, until after the defendant has served a specified part of his sentence. Williams v. State, 470 So. 2d 864 (Fla. 2d DCA 1985); Senczyszyn v. State, 467 So. 2d 1044 (Fla. 2d DCA 1985); Williams v. State, 374 So. 2d 1086 (Fla. 2d DCA 1979). Such retention of jurisdiction is exercised by the sentencing court in its generic sense, and is not personal to the judge who imposed sentence. The interpretation urged by appellant would lead to an absurd result, in derogation of one of the basic tenets of statutory construction.

Because appellant has failed to present any basis upon which relief may be granted, the order denying the motion for post-conviction relief is affirmed. The motion to disqualify judge is denied as moot.

WIGGINTON and BARFIELD, JJ„ concur.


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