Wemett v. State, 88-150
| Decision Date | 31 August 1988 |
| Docket Number | No. 88-150,88-150 |
| Parties | 13 Fla. L. Weekly 2069 Glen WEMETT, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
An Appeal from the Circuit Court for Duval County; L.P. Haddock, judge.
Judith A. Quandt, Florida Institutional Legal Services, Inc., Gainesville, for appellant.
Robert A. Butterworth, Atty. Gen., and Bradford L. Thomas, Asst. Atty. Gen., for appellee.
The sole issue raised by appellant in his initial brief is that the trial court erred in retaining jurisdiction over one-half of each of his sentences. Thereafter, appellee moved this court to relinquish jurisdiction to the trial court so that it "may then reduce the retention of its jurisdiction to one-third of Appellant's cumulative sentence."
We elect to construe appellee's motion for relinquishment of jurisdiction as a confession of error, see Hope v. State, 513 So.2d 217 (Fla. 1st DCA 1987). Accordingly, appellant's sentence is vacated and this cause is remanded for resentencing.
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Wemett v. State
...because the trial court erroneously retained jurisdiction for one-half, rather than one-third, of the sentence. Wemett v. State, 529 So.2d 1288 (Fla. 1st DCA 1988). See § 947.16(3), Fla.Stat. (1981). On remand, the circuit court could have merely corrected the illegal portion of its sentenc......
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Wemett v. State, 88-2889
...The court treated the request as a confession of error, vacated the sentence, and remanded for resentencing. See Wemett v. State, 529 So.2d 1288 (Fla. 1st DCA 1988). At resentencing, appellant argued that in accordance with this court's opinion in Harmon v. State, 531 So.2d 391 (Fla. 1st DC......