Oliver v. State, 81-1800

• Decision Date: 05 May 1982
• Docket Number: No. 81-1800,81-1800
• Citation: 414 So.2d 1087
• Parties: Franklin Douglas OLIVER, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 1087

414 So.2d 1087

Franklin Douglas OLIVER, Appellant, v. STATE of Florida, Appellee.

No. 81-1800.

District Court of Appeal of Florida, Second District.

May 5, 1982.

As Clarified June 4, 1982.

Appeal from Circuit Court, Polk County; E. Randolph Bentley, Judge.

Jerry Hill, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Michael J. Kotler, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We affirm appellant's conviction and his maximum sentence for attempted first degree murder. However, the sentencing order and transcript of the sentencing hearing are silent on the court's particular justification for retention over the first third of the sentence.

Accordingly, we REMAND to the court with instructions to either relinquish jurisdiction over the first third of the sentence or state with individual particularity the justification for retaining jurisdiction. See Sanders v. State, 400 So.2d 1015, 1016 (Fla.2d DCA 1981); § 947.16(3), Fla.Stat. (1981).

SCHEB, C. J., and OTT and SCHOONOVER, JJ., concur.