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456 So. 2d 959

456 So.2d 959

9 Fla.L.Weekly 2061

Crews v. State

District Court of Appeal of Florida

Decided September 27, 1984

District Court of Appeal of Florida · decided 1984-09-27

Relies on Brumley v. State

Decided 1984-09-27

ORFINGER, Judge.

¶1The 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).

¶2Those portions of the sentences which retain jurisdiction for one-half of each sen*960tence 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.

DAUKSCH and COWART, JJ., concur.
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