Mrozowski v. State, 83-826
| Decision Date | 03 February 1984 |
| Docket Number | No. 83-826,83-826 |
| Citation | 444 So.2d 587 |
| Parties | James MROZOWSKI, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Jerry Hill, Public Defender, Bartow, and Amelia G. Brown, Asst. Public Defender, Tampa, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.
The state charged James Mrozowski by information with attempted second degree murder. He entered a plea of nolo contendere to the lesser included offense of aggravated battery. He was adjudicated guilty of that offense, and on March 11, 1983, the court sentenced him to ten-years imprisonment. The court retained jurisdiction over one-half of his sentence, pursuant to section 947.16(3) Florida Statutes (Supp.1982).
Mrozowski contends that in accepting his plea the trial court erred in failing to inform him that it could retain jurisdiction over one-half of any sentence imposed. He is correct. State v. Green, 421 So.2d 508 (Fla.1982); Brown v. State, 434 So.2d 21 (Fla. 2d DCA 1983); Fairweather v. State, 432 So.2d 688 (Fla. 2d DCA 1983).
Accordingly, we reverse and remand to the trial court. On remand the court must either strike that portion of the judgment and sentence retaining jurisdiction over one-half of Mrozowski's sentence or allow him to withdraw his plea.
To continue reading
Request your trial
-
Harmon v. Barton
...issue could have been raised on direct appeal, see, e.g., Schmidt v. State, 464 So.2d 1302 (Fla.Dist.Ct.App.1985); Mrozowski v. States, 444 So.2d 587 (Fla.Dist.Ct.App.1984), and in a motion to vacate and set aside the sentence. See, e.g., Green v. State, 406 So.2d 1148 (Fla.Dist.Ct.App.1981......
-
Schmidt v. State, 83-866
...the retention of jurisdiction, allowing the original plea to stand, or allow appellant to withdraw his nolo plea. Mrozowski v. State, 444 So.2d 587 (Fla. 2d DCA 1984); Fowler v. State, 443 So.2d 125 (Fla. 5th DCA 1983); Crawford v. State, 438 So.2d 974 (Fla. 2d DCA Remanded with directions. ...