Miller v. State

District Court of Appeal of Florida

Miller v. State

399 So. 2d 472, 1981 Fla. App. LEXIS 20009

CourtDistrict Court of Appeal of Florida

DecidedJune 3, 1981

DocketNo. 80-2350

StatusPublished

This text of 399 So. 2d 472 (Miller 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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Miller v. State, 399 So. 2d 472, 1981 Fla. App. LEXIS 20009 (Fla. Ct. App. 1981).

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Opinion

PER CURIAM.

Appellant was convicted of first degree murder on April 1, 1974, and sentenced to death. The Florida Supreme Court reversed the death sentence twice. See Miller v. State, 332 So.2d 65 (Fla.1976) and Miller v. State, 373 So.2d 882 (Fla.1979). At the second resentencing proceeding, Circuit Judge Thomas Reese sentenced Miller to life imprisonment and retained jurisdiction over the first one-third of the sentence pursuant to section 947.16(3), Florida Statutes (1979). This statute became effective in 1978.

We held in Rodriguez v. State, 380 So.2d 1123 (Fla.2d DCA 1980) that section 947.16 could not be applied to offenses committed prior to the effective date of the statute.

Accordingly, appellant’s conviction and sentence are affirmed; however, the cause is remanded with the directions to delete from the sentence the trial court’s reservation of jurisdiction.

HOBSON, Acting C. J., and OTT and RYDER, JJ., concur.

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PER CURIAM.

Appellant was convicted of first degree murder on April 1, 1974, and sentenced to death. The Florida Supreme Court reversed the death sentence twice. See Miller v. State, 332 So.2d 65 (Fla.1976) and Miller v. State, 373 So.2d 882 (Fla.1979). At the second resentencing proceeding, Circuit Judge Thomas Reese sentenced Miller to life imprisonment and retained jurisdiction over the first one-third of the sentence pursuant to section 947.16(3), Florida Statutes (1979). This statute became effective in 1978.

We held in Rodriguez v. State, 380 So.2d 1123 (Fla.2d DCA 1980) that section 947.16 could not be applied to offenses committed prior to the effective date of the statute.

Accordingly, appellant’s conviction and sentence are affirmed; however, the cause is remanded with the directions to delete from the sentence the trial court’s reservation of jurisdiction.

HOBSON, Acting C. J., and OTT and RYDER, JJ., concur.

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399 So. 2d 472, 1981 Fla. App. LEXIS 20009, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-state-fladistctapp-1981.

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