¶1Appellant seeks review of the trial court's order denying his motion for post-conviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. As grounds for relief, the motion alleged sentencing error in the trial court’s retention of jurisdiction over twenty years of the first one-third of a life sentence. It is improper to retain jurisdiction over a portion of a life sentence. State v. Mobley, 481 So.2d 481 (Fla.1986); Clark v. State, 489 So.2d 1166 (Fla. 1st DCA 1986); Frazier v. State, 488 So.2d 166 (Fla. 1st DCA 1986), review denied, 494 So.2d 1150 (Fla.1986); Stettler v. State, 475 So.2d 1009 (Fla. 1st DCA 1985). Accordingly, we treat appellant’s motion as a rule 3.800(a) motion to correct illegal sentence, and remand with *1015directions to strike the retention of jurisdiction over a portion of the life sentence.
591 So. 2d 1014
Arnett v. State
District Court of Appeal of Florida
Decided December 23, 1991
District Court of Appeal of Florida · decided 1991-12-23
Cited by 1 later decisions — most recently September 1994
1 state decisions
Relies on 494 So. 2d 1143 - Lambrix v. State · 481 So. 2d 481 - Sanchez v. Swanson · 488 So. 2d 166 - Frazier v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1991-12-23
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