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462 So. 2d 882

462 So.2d 882

10 Fla.L.Weekly 290

Bond v. State

District Court of Appeal of Florida

Decided February 1, 1985

District Court of Appeal of Florida · decided 1985-02-01

Cited by 1 later decisions — most recently May 1992

1 state decisions

Relies on 452 So. 2d 938 - Martin v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1985-02-01

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SCHEB, Acting Chief Judge.

¶1Defendant was convicted and sentenced for attempted sexual battery of a child under the age of eleven and for handling and fondling of a child under the age of fourteen. He was sentenced to concurrent thirty-year terms of imprisonment, and the court retained jurisdiction for a period of ten years on each charge. On appeal defendant’s only challenge is to his sentences.

¶2The offense of handling and fondling a child under the age of fourteen is a second-degree felony, section 800.04, Florida Statutes (1983), and is punishable by a maximum sentence of fifteen years imprisonment. § 775.082(3)(c). Therefore, we vacate defendant’s thirty-year sentence for the handling and fondling charge and remand to the trial court for correction of that sentence. We also strike the retention of jurisdiction on the handling and fondling charge. Section 947.16(3) limits the trial court’s retention of jurisdiction to “the first one-third of the maximum sentence imposed.” See Martin v. State, 452 So.2d 938 (Fla. 2d DCA 1984). We otherwise affirm each of defendant’s convictions and his sentence on the attempted sexual battery charge.

LEHAN and FRANK, JJ., concur.
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