Burley v. State

District Court of Appeal of Florida

Burley v. State

408 So. 2d 830, 1982 Fla. App. LEXIS 19007

CourtDistrict Court of Appeal of Florida

DecidedJanuary 20, 1982

DocketNo. 81-410

StatusPublished

This text of 408 So. 2d 830 (Burley 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.

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Burley v. State, 408 So. 2d 830, 1982 Fla. App. LEXIS 19007 (Fla. Ct. App. 1982).

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Opinion

PER CURIAM.

Section 947.16(3), Florida Statutes (1979), which authorizes a sentencing judge to retain jurisdiction to review certain parole release orders, does not violate the separation of powers provision of the Florida Constitution. Arnett v. State, 397 So.2d 330 (Fla. 1st DCA 1981). Appellant’s contention that the trial judge did not state with individual particularity the justification for retaining jurisdiction under the statute was not preserved for review. Canty v. State, 402 So.2d 1232 (Fla. 5th DCA 1981).

AFFIRMED.

ORFINGER, FRANK D. UPCHURCH, Jr. and COWART, JJ., concur.

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PER CURIAM.

Section 947.16(3), Florida Statutes (1979), which authorizes a sentencing judge to retain jurisdiction to review certain parole release orders, does not violate the separation of powers provision of the Florida Constitution. Arnett v. State, 397 So.2d 330 (Fla. 1st DCA 1981). Appellant’s contention that the trial judge did not state with individual particularity the justification for retaining jurisdiction under the statute was not preserved for review. Canty v. State, 402 So.2d 1232 (Fla. 5th DCA 1981).

AFFIRMED.

ORFINGER, FRANK D. UPCHURCH, Jr. and COWART, JJ., concur.

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408 So. 2d 830, 1982 Fla. App. LEXIS 19007, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burley-v-state-fladistctapp-1982.

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