THEODORE BINGHAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Appellant filed a rule 3.800(a) motion challenging the trial court’s retention of jurisdiction over one-third of his sentence, claiming that the trial court did not make the appropriate findings to retain jurisdiction in his case. Because the trial court failed to make specific and particular findings justifying the retention of jurisdiction in accordance with section 947.16(3), Florida Statutes (1981), and Hampton v. State, 764 So. 2d 829, 830 (Fla. 1st DCA 2000), we vacate the sentencing order and remand for the trial court to either relinquish jurisdiction or make specific individual findings in accordance with the statute on why retaining jurisdiction is appropriate.
VACATED and REMANDED.
BOOTH and LEWIS, JJ., concur; WOLF, J., concurs with written opinion.
WOLF, J.,
concurring.
I concur only because I am constrained to do so by Hampton v. State, 764 So. 2d 829 (Fla. 1st DCA 2000).
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Wright v. State, 911 So. 2d 81 (Fla. 2005)…eview the decision in Wright v. State, 864 So. 2d 1153 (Fla. 2d DCA 2003), which certified conflict with the decisions in Kirtsey v. State, 855 So. 2d 177 (Fla. 1st DCA 2003); Hernandez v. State, 825 So. 2d 513 (Fla. 4th DCA 2002); Bingham v. State, 813 So. 2d 1021 (Fla. 1st DCA 2002); Thames v. State, 769 So. 2d 448 (Fla. 1st DCA 2000); Hampton v. [*82] State, 764 So. 2d 829 (Fla. 1st DCA 2000); and Macias v. State, 614 So. 2d 1216 (Fla. 3d DCA 1993). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.…
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Wright v. State, 864 So. 2d 1153 (Fla. 2d DCA 2003)…al sentence. Therefore, we affirm the trial court’s order of denial, recede from our opinion in King, 835 So. 2d 1224, and certify conflict with the First District’s opinions in Kirtsey v. State, 855 So. 2d 177 (Fla. 1st DCA 2003), Bingham v. State, 813 So. 2d 1021 (Fla. 1st DCA 2002), Thames v. State, 769 So. 2d 448 (Fla. 1st DCA 2000), and Hampton v. State, 764 So. 2d 829 (Fla. 1st DCA 2000); the Third District’s opinion in Macias v. State, 614 So. 2d 1216 (Fla. 3d DCA 1993); and the Fourth District’s opinio…
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Hernandez v. State, 825 So. 2d 513 (Fla. 4th DCA 2002)…] jurisdiction over one-third of his sentence, claiming that the retention was illegal because the trial court failed to give any reasons for the retention of jurisdiction. This is a proper claim for relief under rule 8.800(a). See Bingham v. State, 813 So. 2d 1021 (Fla. 1st DCA 2002); Hampton v. State, 764 So. 2d 829 (Fla. 1st DCA 2000); Macias v. State, 614 So. 2d 1216 (Fla. 3d DCA 1993). The trial court erred in summarily denying appellant’s motion as improper under rule 3.800(a). We reverse and remand to…
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- Hampton v. State, 764 So. 2d 829 (Fla. 1st DCA 2000)