Varnes v. State

District Court of Appeal of Florida

Varnes v. State

489 So. 2d 893, 11 Fla. L. Weekly 1349, 1986 Fla. App. LEXIS 8320

CourtDistrict Court of Appeal of Florida

DecidedJune 13, 1986

DocketNo. 86-1287

StatusPublished

Cited by2 cases

This text of 489 So. 2d 893 (Varnes 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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Varnes v. State, 489 So. 2d 893, 11 Fla. L. Weekly 1349, 1986 Fla. App. LEXIS 8320 (Fla. Ct. App. 1986).

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Opinion

PER CURIAM.

John Varnes appeals the summary denial of his motion for postconviction relief. Varnes is currently serving a life sentence for murder. He alleges that the trial court retained jurisdiction over one-third of that sentence pursuant to section 947.16(4), Florida Statutes (1985). If this is true, the retention is improper and should be stricken. Willis v. State, 447 So.2d 283 (Fla. 2d DCA 1983).

Accordingly, we reverse and remand this case to the trial court with directions either to grant the relief requested or to attach sufficient portions of the record to demonstrate that Varnes is not entitled to relief.

RYDER, C.J., and DANAHY and FRANK, JJ., concur.

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PER CURIAM.

John Varnes appeals the summary denial of his motion for postconviction relief. Varnes is currently serving a life sentence for murder. He alleges that the trial court retained jurisdiction over one-third of that sentence pursuant to section 947.16(4), Florida Statutes (1985). If this is true, the retention is improper and should be stricken. Willis v. State, 447 So.2d 283 (Fla. 2d DCA 1983).

Accordingly, we reverse and remand this case to the trial court with directions either to grant the relief requested or to attach sufficient portions of the record to demonstrate that Varnes is not entitled to relief.

RYDER, C.J., and DANAHY and FRANK, JJ., concur.

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489 So. 2d 893, 11 Fla. L. Weekly 1349, 1986 Fla. App. LEXIS 8320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/varnes-v-state-fladistctapp-1986.

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