Oliver v. State

District Court of Appeal of Florida

Oliver v. State

414 So. 2d 1087, 1982 Fla. App. LEXIS 19955

CourtDistrict Court of Appeal of Florida

DecidedMay 5, 1982

DocketNo. 81-1800

StatusPublished

Cited by3 cases

This text of 414 So. 2d 1087 (Oliver 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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Oliver v. State, 414 So. 2d 1087, 1982 Fla. App. LEXIS 19955 (Fla. Ct. App. 1982).

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Opinion

PER CURIAM.

We affirm appellant’s conviction and his maximum sentence for attempted first degree murder. However, the sentencing order and transcript of the sentencing hearing are silent on the court’s particular justification for retention over the first third of the sentence.

Accordingly, we REMAND to the court with instructions to either relinquish jurisdiction over the first third of the sentence or state with individual particularity the justification for retaining jurisdiction. See Sanders v. State, 400 So.2d 1015, 1016 (Fla.2d DCA 1981); § 947.16(3), Fla.Stat. (1981).

SCHEB, C. J., and OTT and SCHOON-OVER, JJ., concur.

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PER CURIAM.

We affirm appellant’s conviction and his maximum sentence for attempted first degree murder. However, the sentencing order and transcript of the sentencing hearing are silent on the court’s particular justification for retention over the first third of the sentence.

Accordingly, we REMAND to the court with instructions to either relinquish jurisdiction over the first third of the sentence or state with individual particularity the justification for retaining jurisdiction. See Sanders v. State, 400 So.2d 1015, 1016 (Fla.2d DCA 1981); § 947.16(3), Fla.Stat. (1981).

SCHEB, C. J., and OTT and SCHOON-OVER, JJ., concur.

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414 So. 2d 1087, 1982 Fla. App. LEXIS 19955, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oliver-v-state-fladistctapp-1982.

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