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569 So. 2d 868

Olmstead v. State

District Court of Appeal of Florida

Decided November 9, 1990

District Court of Appeal of Florida · decided 1990-11-09

Cited by 1 later decisions — most recently December 1994

1 state decisions

Relies on 414 So. 2d 640 - Clark v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1990-11-09

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PER CURIAM.

¶1Kevin Olmstead appeals the denial of his ;pro se “motion for voluntary relinquishment of jurisdiction.” In 1982 the trial court retained jurisdiction, pursuant to section 947.16(3), Florida Statutes (1981), for ten years. Olmstead claims to have completed eight years with a good institutional record, and to be eligible for an earlier release date if the trial court’s “jurisdic*869tional hold” is relaxed. He suggests no legal reason why the trial court should be compelled to perform this discretionary act. Therefore, we believe the motion is analogous to a motion to mitigate sentence pursuant to Florida Rule of Criminal Procedure 3.800(b), the denial of which is not appealable. Davenport v. State, 414 So.2d 640 (Fla. 1st DCA 1982).

¶2Appeal dismissed.

RYDER, A.C.J., and CAMPBELL and THREADGILL, JJ., concur.
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