Crews v. State

District Court of Appeal of Florida

Crews v. State

456 So. 2d 959, 9 Fla. L. Weekly 2061, 1984 Fla. App. LEXIS 15235

CourtDistrict Court of Appeal of Florida

DecidedSeptember 27, 1984

DocketNo. 83-1424

StatusPublished

Cited by2 cases

This text of 456 So. 2d 959 (Crews 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

Crews v. State, 456 So. 2d 959, 9 Fla. L. Weekly 2061, 1984 Fla. App. LEXIS 15235 (Fla. Ct. App. 1984).

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Opinion

ORFINGER, Judge.

The trial court erred in retaining jurisdiction for one-half of appellant’s sentences because, at time of sentencing, the statute permitted retention of jurisdiction for a maximum period of one-third of any sentence. Section 947.16(3), Florida Statutes (1983). The State’s contention that the absence of objection below to the sentence makes the issue non-applicable has previously been answered to the contrary. Brumley v. State, 455 So.2d 1096 (Fla.1984).

Those portions of the sentences which retain jurisdiction for one-half of each sen[960]*960tence are set aside, and the cause is remanded so that the trial court may amend such sentences by retaining jurisdiction for a period not to exceed one-third of each sentence.

DAUKSCH and COWART, JJ., concur.

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ORFINGER, Judge.

The trial court erred in retaining jurisdiction for one-half of appellant’s sentences because, at time of sentencing, the statute permitted retention of jurisdiction for a maximum period of one-third of any sentence. Section 947.16(3), Florida Statutes (1983). The State’s contention that the absence of objection below to the sentence makes the issue non-applicable has previously been answered to the contrary. Brumley v. State, 455 So.2d 1096 (Fla.1984).

Those portions of the sentences which retain jurisdiction for one-half of each sen[960]*960tence are set aside, and the cause is remanded so that the trial court may amend such sentences by retaining jurisdiction for a period not to exceed one-third of each sentence.

DAUKSCH and COWART, JJ., concur.

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Bluebook (online)

456 So. 2d 959, 9 Fla. L. Weekly 2061, 1984 Fla. App. LEXIS 15235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crews-v-state-fladistctapp-1984.

Opinion

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