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495 So. 2d 867

495 So.2d 867

11 Fla.L.Weekly 2173

McLeod v. State

District Court of Appeal of Florida

Decided October 8, 1986

District Court of Appeal of Florida · decided 1986-10-08

Relies on Willis v. State

Decided 1986-10-08

DANAHY, Chief Judge.

¶1The defendant was convicted of premeditated murder and sentenced to life imprisonment. The trial judge retained jurisdiction over twenty-five years of the defendant’s life sentence pursuant to section 947.-16(4), Florida Statutes (1985).

¶2We hold that the trial judge erred in retaining jurisdiction over the life sentence because a life-span is immeasurable. Willis v. State, 447 So.2d 283 (Fla. 2d DCA 1983). We note, however, that since the defendant was convicted of a capital felony, he is required to serve no less than twenty-five years before becoming eligible for parole. § 775.082(1), Fla.Stat. (1985).

¶3We have examined the defendant’s other point on appeal and find it to be without merit. Accordingly, we vacate the portion of the sentence wherein the trial judge retained jurisdiction for twenty-five years over the life sentence. Otherwise, we affirm the defendant’s judgment and sentence.

SCHOONOVER and SANDERLIN, JJ., concur.
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