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460 So. 2d 988

460 So.2d 988

10 Fla.L.Weekly 50

Brown v. State

District Court of Appeal of Florida

Decided December 19, 1984

District Court of Appeal of Florida · decided 1984-12-19

Cited by 3 later decisions — most recently January 1986

3 state decisions

Relies on 421 So. 2d 661 - Cordero-Pena v. State · Rodriguez v. State · 448 So. 2d 57 - Kosek v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1984-12-19

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PER CURIAM.

¶1The only issue meriting discussion is whether the trial court erred in retaining jurisdiction over “the first third of the maximum sentence imposed” pursuant to Section 947.16(3), Florida Statutes (1983), of a life sentence.

¶2We adopt the position of the Third and Fifth Districts that Section 947.16(3) is inoperable. Kosek v. State, 448 So.2d 57 (Fla. 5th DCA 1984); Woodson v. State, 439 So.2d 976 (Fla. 3d DCA 1983); Rodriguez v. State, 424 So.2d 892 (Fla. 3d DCA 1982), and Cordero-Pena v. State, 421 So.2d 661 (Fla. 3d DCA 1982). Where a trial court imposes a life sentence, it is improper for it to retain jurisdiction over the first one-third of a life sentence because it is impossible to calculate the length of time over which jurisdiction is retained.

¶3Accordingly, we remand and direct the trial judge to strike that portion of the order retaining jurisdiction. In all other respects, the judgment is affirmed.

LETTS, DELL and WALDEN, JJ., concur.
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