McRae v. State

District Court of Appeal of Florida

McRae v. State

408 So. 2d 775, 1982 Fla. App. LEXIS 18974

CourtDistrict Court of Appeal of Florida

DecidedJanuary 13, 1982

DocketNo. 81-772

StatusPublished

Cited by1 cases

This text of 408 So. 2d 775 (McRae 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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McRae v. State, 408 So. 2d 775, 1982 Fla. App. LEXIS 18974 (Fla. Ct. App. 1982).

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Opinion

HOBSON, Acting Chief Judge.

Appellant was convicted of attempted burglary. The trial judge retained jurisdiction over the first one-third of appellant’s sentence pursuant to section 947.-16(3), Florida Statutes (1979). In Williams v. State, 374 So.2d 1086 (Fla.2d DCA 1979), this court held that section 947.16(3) does not apply to attempts.

The trial judge also recommended that appellant never be considered for parole. Such a recommendation is improper, because the granting of parole is within the sole discretion of the Parole and Probation Commission. § 921.21, Fla.Stat. (1979).

Accordingly, the judgment and sentence is affirmed, but the retention of jurisdiction over the sentence pursuant to section 947.-16(3) and the judge’s recommendation concerning parole are hereby stricken.

BOARDMAN and OTT, JJ., concur.

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