Crews v. State, 83-1424
| Decision Date | 27 September 1984 |
| Docket Number | No. 83-1424,83-1424 |
| Citation | 456 So.2d 959 |
| Parties | Archie CREWS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James B. Gibson, Public Defender, and David A. Henson, Asst. Public Defender, Daytona Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for appellee.
The trial court erred in retaining jurisdiction for one-half of appellant's sentences because, at time of sentencing, the statute permitted retention of jurisdiction for a maximum period of one-third of any sentence. Section 947.16(3), Florida Statutes (1983). The State's contention that the absence of objection below to the sentence makes the issue non-applicable has previously been answered to the contrary. Brumley v. State, 455 So.2d 1096 (Fla.1984).
Those portions of the sentences which retain jurisdiction for one-half of each sentence are set aside, and the cause is remanded so that the trial court may amend such sentences by retaining jurisdiction for a period not to exceed one-third of each sentence.
To continue reading
Request your trial
-
Larson v. State
...433, 434 (Fla. 5th DCA 1985); Walcott v. State, 460 So.2d 915 (Fla. 5th DCA 1984), approved, 472 So.2d 741 (Fla.1985); Crews v. State, 456 So.2d 959 (Fla. 5th DCA 1984), review denied, 464 So.2d 556 The same logic applies equally to illegal conditions of probation. Miller v. State, 407 So.2......
-
Joyce v. State, 84-791
...objection rule does not apply to sentencing errors. See Walcott v. State, 460 So.2d 915 (Fla. 5th DCA 1984); Crews v. State, 456 So.2d 959 (Fla. 5th DCA 1984); Hackney v. State, 456 So.2d 1209 (Fla. 5th DCA 1984). See also State v. Rhoden, 448 So.2d 1013 Second, the state claims that the Co......