Hawkins v. State, 463 So. 2d 480

FRANK, Judge.

Following a jury‘s conviction of the appellant for the crimes of sexual battery and burglary/assault, the trial court sentenced him to concurrent terms of sixty years imprisonment on each of a two count information and it retained jurisdiction over one-third of both sentences contrary to the provisions of Section 947.16(3), Florida Statutes (1983). The concurrent sentences were imposed pursuant to the sentencing guidelines. By operation of Section 921.001(8), Florida Statutes (1983), parole is no longer available to persons who are sentenced under the guidelines. Thus, the retention of jurisdiction, a practice which historically had relevance only when parole was available, is inappropriate. Carter v. State, 464 So.2d 172 (Fla. 2d DCA 1985); Davis v. State, 458 So.2d 42 (Fla. 4th DCA 1984).

We therefore strike the trial court‘s retention of jurisdiction but affirm the judgments and sentences in all other respects.

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

Case Details

Case Name: Hawkins v. State

Court Name: District Court of Appeal of Florida

Date Published: Feb 8, 1985

Citations: 463 So. 2d 480; 10 Fla. L. Weekly 361; 84-685

Docket Number: 84-685

Court Abbreviation: Fla. Dist. Ct. App.