Keys v. State

District Court of Appeal of Florida

Keys v. State

522 So. 2d 552, 13 Fla. L. Weekly 832, 1988 Fla. App. LEXIS 1238, 1988 WL 26126

District Court of Appeal of Florida·Decided March 31, 1988·No. No. 87-874·Published·Cited by 1 cases

Opinion

UPCHURCH, Judge, Retired.

Johnnie Lee Keys appeals his convictions and sentences for sexual battery, robbery and aggravated battery. We find no abuse of discretion in the departure sentences. However, because the sentencing guidelines apply, the trial court should not have retained jurisdiction over those sentences. Hansbrough v. State, 509 So.2d 1081 (Fla. 1987). Accordingly, we strike the trial court’s retention of jurisdiction but affirm the judgments and sentences in all other respects.

AFFIRMED as modified.

SHARP, C.J., and COBB, J., concur.

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UPCHURCH, Judge, Retired.

Johnnie Lee Keys appeals his convictions and sentences for sexual battery, robbery and aggravated battery. We find no abuse of discretion in the departure sentences. However, because the sentencing guidelines apply, the trial court should not have retained jurisdiction over those sentences. Hansbrough v. State, 509 So.2d 1081 (Fla. 1987). Accordingly, we strike the trial court’s retention of jurisdiction but affirm the judgments and sentences in all other respects.

AFFIRMED as modified.

SHARP, C.J., and COBB, J., concur.

Keys v. State, 522 So. 2d 552, 13 Fla. L. Weekly 832, 1988 Fla. App. LEXIS 1238, 1988 WL 26126 (Fla. Ct. App. 1988).

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Opinion

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