Robinson v. State

District Court of Appeal of Florida

Robinson v. State

417 So. 2d 321, 1982 Fla. App. LEXIS 28859

CourtDistrict Court of Appeal of Florida

DecidedJuly 28, 1982

DocketNo. 81-1821

StatusPublished

This text of 417 So. 2d 321 (Robinson 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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Robinson v. State, 417 So. 2d 321, 1982 Fla. App. LEXIS 28859 (Fla. Ct. App. 1982).

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Opinion

PER CURIAM.

Upon review the only error we find involves the failure of the trial court to make specific findings of fact regarding the necessity to retain jurisdiction over the first third of appellant’s sentence for purposes of parole review. Section 947.16(3)(a), Florida Statutes (1981); Mobley v. State, 409 So.2d 1031 (Fla.1982).

Accordingly, appellant’s conviction and sentence are affirmed but this cause is remanded to the trial court with directions to either strike the provision retaining jurisdiction or to enter an order setting out those findings of fact required by Section 947.16(3)(a).

ANSTEAD and HERSEY, JJ., and OWEN, WILLIAM G, Jr. (Retired), Associate Judge, concur.

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PER CURIAM.

Upon review the only error we find involves the failure of the trial court to make specific findings of fact regarding the necessity to retain jurisdiction over the first third of appellant’s sentence for purposes of parole review. Section 947.16(3)(a), Florida Statutes (1981); Mobley v. State, 409 So.2d 1031 (Fla.1982).

Accordingly, appellant’s conviction and sentence are affirmed but this cause is remanded to the trial court with directions to either strike the provision retaining jurisdiction or to enter an order setting out those findings of fact required by Section 947.16(3)(a).

ANSTEAD and HERSEY, JJ., and OWEN, WILLIAM G, Jr. (Retired), Associate Judge, concur.

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417 So. 2d 321, 1982 Fla. App. LEXIS 28859, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-state-fladistctapp-1982.

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