Olmstead v. State

District Court of Appeal of Florida

Olmstead v. State

569 So. 2d 868, 1990 Fla. App. LEXIS 8514, 1990 WL 172811

CourtDistrict Court of Appeal of Florida

DecidedNovember 9, 1990

DocketNo. 90-02741

StatusPublished

Cited by1 cases

This text of 569 So. 2d 868 (Olmstead 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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Olmstead v. State, 569 So. 2d 868, 1990 Fla. App. LEXIS 8514, 1990 WL 172811 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

Kevin Olmstead appeals the denial of his ;pro se “motion for voluntary relinquishment of jurisdiction.” In 1982 the trial court retained jurisdiction, pursuant to section 947.16(3), Florida Statutes (1981), for ten years. Olmstead claims to have completed eight years with a good institutional record, and to be eligible for an earlier release date if the trial court’s “jurisdic[869]*869tional hold” is relaxed. He suggests no legal reason why the trial court should be compelled to perform this discretionary act. Therefore, we believe the motion is analogous to a motion to mitigate sentence pursuant to Florida Rule of Criminal Procedure 3.800(b), the denial of which is not appealable. Davenport v. State, 414 So.2d 640 (Fla. 1st DCA 1982).

Appeal dismissed.

RYDER, A.C.J., and CAMPBELL and THREADGILL, JJ., concur.

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PER CURIAM.

Kevin Olmstead appeals the denial of his ;pro se “motion for voluntary relinquishment of jurisdiction.” In 1982 the trial court retained jurisdiction, pursuant to section 947.16(3), Florida Statutes (1981), for ten years. Olmstead claims to have completed eight years with a good institutional record, and to be eligible for an earlier release date if the trial court’s “jurisdic[869]*869tional hold” is relaxed. He suggests no legal reason why the trial court should be compelled to perform this discretionary act. Therefore, we believe the motion is analogous to a motion to mitigate sentence pursuant to Florida Rule of Criminal Procedure 3.800(b), the denial of which is not appealable. Davenport v. State, 414 So.2d 640 (Fla. 1st DCA 1982).

Appeal dismissed.

RYDER, A.C.J., and CAMPBELL and THREADGILL, JJ., concur.

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569 So. 2d 868, 1990 Fla. App. LEXIS 8514, 1990 WL 172811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/olmstead-v-state-fladistctapp-1990.

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