Hepburn v. State

District Court of Appeal of Florida

Hepburn v. State

510 So. 2d 1237, 12 Fla. L. Weekly 2007, 1987 Fla. App. LEXIS 9883

CourtDistrict Court of Appeal of Florida

DecidedAugust 14, 1987

DocketNo. 87-2158

StatusPublished

This text of 510 So. 2d 1237 (Hepburn 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

Hepburn v. State, 510 So. 2d 1237, 12 Fla. L. Weekly 2007, 1987 Fla. App. LEXIS 9883 (Fla. Ct. App. 1987).

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Opinion

PER CURIAM.

John Hepburn appeals from the summary denial of his motion to correct sentence. We reverse.

Hepburn maintains that the trial court retained jurisdiction over one-third of his [1238]*1238present sentence pursuant to section 947.-16(4), Florida Statutes (1985). If, as Hepburn also alleges, that sentence was imposed under the sentencing guidelines, this is improper. Johnson v. State, 502 So.2d 1352 (Fla. 2d DCA 1987). After remand the trial court should ascertain whether the sentence is in fact a guideline sentence and, if so, strike the retention provision. If, on the other hand, the court again denies the motion, it should attach to its order evidence from the files and records which clearly demonstrate that Hepburn is not entitled to relief. Hepburn would then have to file a notice of appeal within thirty days to obtain further appellate review.

Reversed.

SCHEB, A.C.J., and SCHOONOVER and THREADGILL, JJ., concur.

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PER CURIAM.

John Hepburn appeals from the summary denial of his motion to correct sentence. We reverse.

Hepburn maintains that the trial court retained jurisdiction over one-third of his [1238]*1238present sentence pursuant to section 947.-16(4), Florida Statutes (1985). If, as Hepburn also alleges, that sentence was imposed under the sentencing guidelines, this is improper. Johnson v. State, 502 So.2d 1352 (Fla. 2d DCA 1987). After remand the trial court should ascertain whether the sentence is in fact a guideline sentence and, if so, strike the retention provision. If, on the other hand, the court again denies the motion, it should attach to its order evidence from the files and records which clearly demonstrate that Hepburn is not entitled to relief. Hepburn would then have to file a notice of appeal within thirty days to obtain further appellate review.

Reversed.

SCHEB, A.C.J., and SCHOONOVER and THREADGILL, JJ., concur.

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510 So. 2d 1237, 12 Fla. L. Weekly 2007, 1987 Fla. App. LEXIS 9883, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hepburn-v-state-fladistctapp-1987.

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