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489 So. 2d 893

489 So.2d 893

11 Fla.L.Weekly 1349

Varnes v. State

District Court of Appeal of Florida · decided 1986-06-13

Cited by 5 later decisions — most recently October 1993

5 state decisions

Relies on Willis v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1986-06-13

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PER CURIAM.

¶1John Varnes appeals the summary denial of his motion for postconviction relief. Varnes is currently serving a life sentence for murder. He alleges that the trial court retained jurisdiction over one-third of that sentence pursuant to section 947.16(4), Florida Statutes (1985). If this is true, the retention is improper and should be stricken. Willis v. State, 447 So.2d 283 (Fla. 2d DCA 1983).

¶2Accordingly, we reverse and remand this case to the trial court with directions either to grant the relief requested or to attach sufficient portions of the record to demonstrate that Varnes is not entitled to relief.

RYDER, C.J., and DANAHY and FRANK, JJ., concur.
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