Bond v. State

District Court of Appeal of Florida

Bond v. State

462 So. 2d 882, 10 Fla. L. Weekly 290, 1985 Fla. App. LEXIS 12081

CourtDistrict Court of Appeal of Florida

DecidedFebruary 1, 1985

DocketNo. 84-1090

StatusPublished

Cited by1 cases

This text of 462 So. 2d 882 (Bond v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bond v. State, 462 So. 2d 882, 10 Fla. L. Weekly 290, 1985 Fla. App. LEXIS 12081 (Fla. Ct. App. 1985).

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Opinion

SCHEB, Acting Chief Judge.

Defendant was convicted and sentenced for attempted sexual battery of a child under the age of eleven and for handling and fondling of a child under the age of fourteen. He was sentenced to concurrent thirty-year terms of imprisonment, and the court retained jurisdiction for a period of ten years on each charge. On appeal defendant’s only challenge is to his sentences.

The offense of handling and fondling a child under the age of fourteen is a second-degree felony, section 800.04, Florida Statutes (1983), and is punishable by a maximum sentence of fifteen years imprisonment. § 775.082(3)(c). Therefore, we vacate defendant’s thirty-year sentence for the handling and fondling charge and remand to the trial court for correction of that sentence. We also strike the retention of jurisdiction on the handling and fondling charge. Section 947.16(3) limits the trial court’s retention of jurisdiction to “the first one-third of the maximum sentence imposed.” See Martin v. State, 452 So.2d 938 (Fla. 2d DCA 1984). We otherwise affirm each of defendant’s convictions and his sentence on the attempted sexual battery charge.

LEHAN and FRANK, JJ., concur.

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SCHEB, Acting Chief Judge.

Defendant was convicted and sentenced for attempted sexual battery of a child under the age of eleven and for handling and fondling of a child under the age of fourteen. He was sentenced to concurrent thirty-year terms of imprisonment, and the court retained jurisdiction for a period of ten years on each charge. On appeal defendant’s only challenge is to his sentences.

The offense of handling and fondling a child under the age of fourteen is a second-degree felony, section 800.04, Florida Statutes (1983), and is punishable by a maximum sentence of fifteen years imprisonment. § 775.082(3)(c). Therefore, we vacate defendant’s thirty-year sentence for the handling and fondling charge and remand to the trial court for correction of that sentence. We also strike the retention of jurisdiction on the handling and fondling charge. Section 947.16(3) limits the trial court’s retention of jurisdiction to “the first one-third of the maximum sentence imposed.” See Martin v. State, 452 So.2d 938 (Fla. 2d DCA 1984). We otherwise affirm each of defendant’s convictions and his sentence on the attempted sexual battery charge.

LEHAN and FRANK, JJ., concur.

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Bluebook (online)

462 So. 2d 882, 10 Fla. L. Weekly 290, 1985 Fla. App. LEXIS 12081, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bond-v-state-fladistctapp-1985.

Opinion

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