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Oliver v. State

District Court of Appeal of Florida, Second District
Jun 4, 1982
414 So. 2d 1087 (Fla. Dist. Ct. App. 1982)

Opinion

No. 81-1800.

May 5, 1982. As Clarified June 4, 1982.

Appeal from Circuit Court, Polk County; E. Randolph Bentley, Judge.

Jerry Hill, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Michael J. Kotler, Asst. Atty. Gen., Tampa, for appellee.


We affirm appellant's conviction and his maximum sentence for attempted first degree murder. However, the sentencing order and transcript of the sentencing hearing are silent on the court's particular justification for retention over the first third of the sentence.

Accordingly, we REMAND to the court with instructions to either relinquish jurisdiction over the first third of the sentence or state with individual particularity the justification for retaining jurisdiction. See Sanders v. State, 400 So.2d 1015, 1016 (Fla.2d DCA 1981); § 947.16(3), Fla. Stat. (1981).

SCHEB, C.J., and OTT and SCHOONOVER, JJ., concur.


Summaries of

Oliver v. State

District Court of Appeal of Florida, Second District
Jun 4, 1982
414 So. 2d 1087 (Fla. Dist. Ct. App. 1982)
Case details for

Oliver v. State

Case Details

Full title:FRANKLIN DOUGLAS OLIVER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jun 4, 1982

Citations

414 So. 2d 1087 (Fla. Dist. Ct. App. 1982)

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