Miller v. State

District Court of Appeal of Florida

Miller v. State

424 So. 2d 207, 1983 Fla. App. LEXIS 18447

CourtDistrict Court of Appeal of Florida

DecidedJanuary 5, 1983

DocketNo. 82-196

StatusPublished

This text of 424 So. 2d 207 (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.

Bluebook

Miller v. State, 424 So. 2d 207, 1983 Fla. App. LEXIS 18447 (Fla. Ct. App. 1983).

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Opinion

PER CURIAM.

We affirm the revocation of probation, judgment and sentence imposed herein. The record, however, establishes that the lower court failed to state with particularity its justification for retaining jurisdiction over one-third of the sentence. We remand to the lower court with directions to either relinquish the retention of jurisdiction over one-third of Miller’s sentence or to state with particularity the justification for retaining jurisdiction as required by section 947.16(3)(a), Florida Statutes (1981). Hernandez v. State, 421 So.2d 1102 (Fla. 2d DCA 1982). Sanders v. State, 400 So.2d 1015 (Fla. 2d DCA 1981); Hicks v. State, 388 So.2d 357 (Fla. 2d DCA 1980).

OTT, C.J., and RYDER and DANAHY, JJ., concur.

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PER CURIAM.

We affirm the revocation of probation, judgment and sentence imposed herein. The record, however, establishes that the lower court failed to state with particularity its justification for retaining jurisdiction over one-third of the sentence. We remand to the lower court with directions to either relinquish the retention of jurisdiction over one-third of Miller’s sentence or to state with particularity the justification for retaining jurisdiction as required by section 947.16(3)(a), Florida Statutes (1981). Hernandez v. State, 421 So.2d 1102 (Fla. 2d DCA 1982). Sanders v. State, 400 So.2d 1015 (Fla. 2d DCA 1981); Hicks v. State, 388 So.2d 357 (Fla. 2d DCA 1980).

OTT, C.J., and RYDER and DANAHY, JJ., concur.

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424 So. 2d 207, 1983 Fla. App. LEXIS 18447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-state-fladistctapp-1983.

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