Tackett v. State, 81-2332

• Decision Date: 28 December 1982
• Docket Number: No. 81-2332,81-2332
• Citation: 423 So.2d 986
• Parties: Tracy Randy TACKETT, Appellant, v. The STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 986

423 So.2d 986

Tracy Randy TACKETT, Appellant, v. The STATE of Florida, Appellee.

No. 81-2332.

District Court of Appeal of Florida, Third District.

Dec. 28, 1982.

Appeal from Circuit Court, Monroe County; Bill G. Chappell, Judge.

Bennett H. Brummer, Public Defender and Elliot H. Scherker, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Paul Mendelson, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, BASKIN and FERGUSON, JJ.

PER CURIAM.

Our review of the record in the light of the appellant's points on appeal discloses that no harmful error occurred during the trial. Therefore, the judgment under review is affirmed. As the parties agree, the order entered under Section 947.16(3), Fla.Stat. (1981) should be corrected after remand to provide for the retention of jurisdiction for a specified period of no more than one-third of the sentence. The defendant need not be present when this is accomplished.

Affirmed as modified.