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458 So. 2d 341

458 So.2d 341

9 Fla.L.Weekly 2165

Montoya v. State

District Court of Appeal of Florida

Decided October 11, 1984

District Court of Appeal of Florida · decided 1984-10-11

Cited by 1 later decisions — most recently March 1985

1 state decisions

Relies on Neal v. State · Brumley v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1984-10-11

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COBB, Chief Judge.

¶1We find no merit in the issues raised by the defendant as to the trial *342proceedings, so the conviction and sentence are affirmed. The trial court erred, however, in retaining jurisdiction over one-half the defendant’s sentence, on the authority of the April 21, 1982, amendment to section 947.16(8), Florida Statutes (Supp.1982). It is irrelevant that this amendment was in effect at the time of the conviction. The law at the time of the offense applies, unless the law at the time of sentencing imposes a lesser penalty. Neal v. State, 451 So.2d 1058 (Fla. 5th DCA 1984); Brumley v. State, 455 So.2d 1096 (Fla. 5th DCA 1984). At the time the offense was committed, and at the time of sentencing, the law authorized the trial court to retain jurisdiction of only one-third of the defendant’s sentence.

¶2This cause is remanded to the trial court with instructions to amend that portion of the sentence which retains jurisdiction over the defendant’s sentence, so as to limit such jurisdiction to not more than one-third of the sentence. This case is affirmed in all other respects.

¶3AFFIRMED IN PART; REVERSED IN PART; and REMANDED.

DAUKSCH and COWART, JJ., concur.
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