Stettler v. State

475 So. 2d 1009, 10 Fla. L. Weekly 2220, 1985 Fla. App. LEXIS 15949

Opinion

BARFIELD, Judge.

Defendant, Terry Edward Stettler, appeals that portion of his life sentence wherein the trial court retained jurisdiction over one-third of the sentence.

Retention of jurisdiction over a portion of a life sentence is not proper. Mobley v. State, 473 So.2d 692 (Fla. 4th DCA, March 20, 1985); Brown v. State, 460 So.2d 988 (Fla. 4th DCA 1984); Kosek v. State, 448 So.2d 57 (Fla. 5th DCA 1984); Willis v. State, 447 So.2d 283 (Fla. 2d DCA 1983); Woodson v. State, 439 So.2d 976 (Fla. 3d DCA 1983); Rodriguez v. State, 424 So.2d 892 (Fla. 3d DCA 1982); Cordero-Pena v. State, 421 So.2d 661 (Fla. 3d DCA 1982).

That portion of the sentence wherein the trial judge retained jurisdiction over one-third of the life sentence is stricken. Otherwise, the sentence is AFFIRMED.

ERVIN and JOANOS, JJ., concur.