Sellers v. State

District Court of Appeal of Florida

Sellers v. State

406 So. 2d 75, 1981 Fla. App. LEXIS 21667

CourtDistrict Court of Appeal of Florida

DecidedNovember 18, 1981

DocketNo. 81-847

StatusPublished

This text of 406 So. 2d 75 (Sellers 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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Sellers v. State, 406 So. 2d 75, 1981 Fla. App. LEXIS 21667 (Fla. Ct. App. 1981).

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Opinion

Ott, Judge.

The trial court retained jurisdiction over the first one-third of appellant’s sentence but failed to specify his reasons therefor as mandated by section 947.16(3), Florida Statutes (1979).

Accordingly, the judgment and sentence are affirmed but that part of the judgment and sentence which retains jurisdiction over the first third of the sentence is vacated. When remanded the trial judge may reim[76]*76pose retention of jurisdiction over no more than the first one-third of the sentence by setting forth in such order his specific reasons supported by the record. § 947.-16(3)(a), Fla.Stat. (1979). LaChance v. State, 396 So.2d 1234 (Fla.2d DCA 1981); Tompkins v. State, 386 So.2d 597 (Fla. 5th DCA 1980).

Judgment and sentence AFFIRMED; order of retention VACATED; and case REMANDED with directions.

BOARDMAN, A.C.J., and GRIMES, J., concur.

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Ott, Judge.

The trial court retained jurisdiction over the first one-third of appellant’s sentence but failed to specify his reasons therefor as mandated by section 947.16(3), Florida Statutes (1979).

Accordingly, the judgment and sentence are affirmed but that part of the judgment and sentence which retains jurisdiction over the first third of the sentence is vacated. When remanded the trial judge may reim[76]*76pose retention of jurisdiction over no more than the first one-third of the sentence by setting forth in such order his specific reasons supported by the record. § 947.-16(3)(a), Fla.Stat. (1979). LaChance v. State, 396 So.2d 1234 (Fla.2d DCA 1981); Tompkins v. State, 386 So.2d 597 (Fla. 5th DCA 1980).

Judgment and sentence AFFIRMED; order of retention VACATED; and case REMANDED with directions.

BOARDMAN, A.C.J., and GRIMES, J., concur.

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406 So. 2d 75, 1981 Fla. App. LEXIS 21667, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sellers-v-state-fladistctapp-1981.

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