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813 So. 2d 1021

Docket No. 1D01-4108.

Bingham v. State

Theodore BINGHAM, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 2002-04-08

Cited by 12 later decisions — most recently September 2005

12 state decisions

Relies on 764 So. 2d 829 - Hampton v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2002-04-08

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¶1Appellant, pro se.

¶2Robert A. Butterworth, Attorney General, Tallahassee, for Appellee.

¶3PER CURIAM.

¶4Appellant filed a rule 3.800(a) motion challenging the trial court's retention of jurisdiction over one-third of his sentence, claiming that the trial court did not make the appropriate findings to retain jurisdiction in his case. Because the trial court failed to make specific and particular findings justifying the retention of jurisdiction in accordance with section 947.16(3), Florida Statutes (1981), and Hampton v. State,764 So.2d 829, 830 (Fla. 1st DCA 2000), we vacate the sentencing order and remand for the trial court to either relinquish jurisdiction or make specific individual findings in accordance with the statute on why retaining jurisdiction is appropriate.

¶5VACATED and REMANDED.

¶6BOOTH and LEWIS, JJ., concur; WOLF, J., concurs with written opinion.

¶7WOLF, J., concurring.

¶8I concur only because I am constrained to do so by Hampton v. State,764 So.2d 829 (Fla. 1st DCA 2000).

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