Coward v. State, 465 So. 2d 641

SCHEB, Judge.

Defendant pled nolo contendere to a charge of robbery with a firearm. The trial judge adjudicated the defendant guilty and sentenced him to seven years imprisonment with a three year mandatory sentence. Defendant was sentenced under the sentencing guidelines. The trial court retained jurisdiction over one-third of the defendant’s term under section 947.16(3), Florida Statutes (1983).

A trial court cannot retain jurisdiction over a defendant in cases in which the sentencing guidelines apply since parole is not available in such cases. Carter v. State, 464 So.2d 172 (Fla. 2d DCA 1985).

Accordingly, we affirm the defendant’s conviction and sentence but remand to the trial court to strike the retention of jurisdiction provision.

GRIMES, A.C.J., and CAMPBELL, J., concur.

Case Details

Case Name: Coward v. State

Court Name: District Court of Appeal of Florida

Date Published: Mar 22, 1985

Citations: 465 So. 2d 641; 10 Fla. L. Weekly 768; 1985 Fla. App. LEXIS 13049; No. 84-1722

Docket Number: No. 84-1722

Court Abbreviation: Fla. Dist. Ct. App.