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481 So. 2d 542

481 So.2d 542

11 Fla.L.Weekly 170

Bearden v. State

District Court of Appeal of Florida

Decided January 8, 1986

District Court of Appeal of Florida · decided 1986-01-08

Cited by 1 later decisions — most recently March 2012

1 state decisions

Relies on 452 So. 2d 337 - Anzalone v. Ford

Good law ✅— No negative treatment on recordhow we know

Decided 1986-01-08

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PER CURIAM.

¶1Appellant was convicted of first degree murder, robbery with a deadly weapon, burglary with an assault or while armed with a dangerous weapon, and grand theft. The court sentenced him to consecutive terms of life imprisonment with a twenty-five year mandatory minimum for the first degree murder, seventy-five years imprisonment for the robbery, and seventy-five years imprisonment for the burglary. Appellant’s substantive issues are without merit; however, the judgment and sentences are incongruous with the proceedings below.

¶2The conviction for grand theft cannot stand because the grand theft count in the indictment was nol-prossed in open court. The written sentences for robbery and burglary reflect twenty-five year mandatory minimums for drug trafficking, but the offenses for which appellant was charged and convicted did not involve *543drugs. Thus, the twenty-five year mandatory mínimums on these two sentences must be stricken from the written orders.

¶3The trial court also erred in retaining jurisdiction over one-third of the robbery sentence and one-third of the burglary sentence. The written sentences must be changed to indicate that jurisdiction was retained over one-third of the total consecutive sentences imposed. § 947.16(3), Fla. Stat. (1983); Martin v. State, 452 So.2d 338 (Fla. 2d DCA 1984).

¶4We reverse the conviction for grand theft and remand the case for correction of the written sentences for robbery and burglary.

GRIMES, A.C.J., and SCHEB and HALL, JJ., concur.
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