REINALDO HERNANDEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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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 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 the trial court to either relinquish the retention of jurisdiction over appellant’s sentence or to make specific individual findings in accordance with the statute on retention of jurisdiction. Bingham.
REVERSED AND REMANDED.
FARMER, STEVENSON and TAYLOR, JJ. concur.
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Citator
Cited By (12 total)
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Wright v. State, 911 So. 2d 81 (Fla. 2005)…ANSTEAD, J. We have for review 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…
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Wright v. State, 864 So. 2d 1153 (Fla. 2d DCA 2003)…mes 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 opinion in Hernandez v. State, 825 So. 2d 513 (Fla. 4th DCA 2002). Affirmed; conflict certified. ALTENBERND, C.J., and FULMER, WHATLEY, NORTHCUTT, CASANUEVA, SALCINES, STRINGER, COVINGTON, KELLY, CANADY, VILLANTI, WALLACE, JJ„ Concur.…
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Little Willie Harper v. State, 874 So. 2d 673 (Fla. 4th DCA 2004)…ittle Willie Harper filed a rule 3.800(a) motion challenging the trial court’s retention of jurisdiction over one-third of his sentence. His claim is that the trial court failed to enter a written order to justify such retention. Hernandez v. State, 825 So. 2d 513 (Fla. 4th DCA 2002). We have held that this is a proper claim for relief under Florida Rule of Criminal Procedure 3.800(a). See Hernandez, Sapp v. State, 864 So. 2d 75 (Fla. 4th DCA 2003); See also Bingham, v. State, 813 So. 2d 1021 (Fla. 1st DCA…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hampton v. State, 764 So. 2d 829 (Fla. 1st DCA 2000)
- MacIas v. State, 614 So. 2d 1216 (Fla. 3d DCA 1993)
- Bingham v. State, 813 So. 2d 1021 (Fla. 1st DCA 2002)
- Nichols v. State, 813 So. 2d 1021 (Fla. 1st DCA 2002)