Coward v. State

District Court of Appeal of Florida

Coward v. State

465 So. 2d 641, 10 Fla. L. Weekly 768, 1985 Fla. App. LEXIS 13049

CourtDistrict Court of Appeal of Florida

DecidedMarch 22, 1985

DocketNo. 84-1722

StatusPublished

Cited by2 cases

This text of 465 So. 2d 641 (Coward 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

Coward v. State, 465 So. 2d 641, 10 Fla. L. Weekly 768, 1985 Fla. App. LEXIS 13049 (Fla. Ct. App. 1985).

Pincite

Opinion

SCHEB, Judge.

Defendant pled nolo contendere to a charge of robbery with a firearm. The trial judge adjudicated the defendant guilty and sentenced him to seven years imprisonment with a three year mandatory sentence. Defendant was sentenced under the sentencing guidelines. The trial court retained jurisdiction over one-third of the defendant’s term under section 947.16(3), Florida Statutes (1983).

A trial court cannot retain jurisdiction over a defendant in cases in which the sentencing guidelines apply since parole is not available in such cases. Carter v. State, 464 So.2d 172 (Fla. 2d DCA 1985).

Accordingly, we affirm the defendant’s conviction and sentence but remand to the trial court to strike the retention of jurisdiction provision.

GRIMES, A.C.J., and CAMPBELL, J., concur.

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