RONALD STURN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1992-06-03
No. 91-01893
ALTENBERND and BLUE, JJ., concur.
599 So. 2d 1047 Florida District Court of Appeal, Second District (1992) Positive Treatment
Cited by 2 cases
Topics
Credit For Time Served

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Opinion of the Court
LEHAN, Acting Chief Judge.

LEHAN, Acting Chief Judge.

The defendant raises two contentions in this appeal from his sentences for armed robbery, kidnapping, and battery. First, he contends the trial court erred in retaining jurisdiction over one-third of his sentence upon remand from a federal court on the basis that jurisdiction had been improperly retained without stated written reasons therefor. Second, he contends the trial court erred in failing to give him the proper credit for the prison time he served during the ten years between the time his original sentence was imposed and the time he was resentenced after the foregoing remand.

As to the first contention, the trial court did not err when on remand it placed in the record its reasons .for retaining jurisdiction over one-third of the sentence. See Mobley v. State, 409 So. 2d 1031, 1039 (Fla.1982). As to the second contention, we affirm the new judgment and sentence but remand for a correction by the trial court to reflect when the defendant’s sentence actually began to be served. The defendant need not be present for the correction.

Affirmed and remanded.

ALTENBERND and BLUE, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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  • Borders v. State, 643 So. 2d 110 (Fla. 2d DCA 1994)
    …nts of Florida Rule of Criminal Procedure 3.987. See State v. Shearer, 628 So. 2d 1102 (Fla.1993); Scott v. State, 464 So. 2d 1171 (Fla.1985). Thus, because of this deficiency, we decline to treat his motion under rule 3.850. See Adlington v. State, 599 So. 2d 1047 (Fla. 4th DCA 1992).…
  • Toler v. State, 818 So. 2d 639 (Fla. 1st DCA 2002)
    …f Criminal Procedure 3.850 without prejudice to refile a motion which conforms with the rule is affirmed. See Pavey v. State, 720 So. 2d 563, 563 (Fla. 2d DCA 1998); Groves v. State, 668 So. 2d 1089, 1089 (Fla. 1st DCA 1996); and Adlington v. State, 599 So. 2d 1047, 1047 (Fla. 4th DCA 1992). BARFIELD, MINER and POLSTON, JJ., concur.…

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