439 So. 2d 976 | Fla. Dist. Ct. App. | 1983
Jabo Woodson, defendant below, appeals the sentence imposed by the trial court following a jury verdict finding him guilty of robbery with a firearm. The trial court sentenced appellant to life imprisonment with a mandatory minimum sentence of three years for the use of a firearm during the commission of a felony. In addition, the trial court found a number of aggravating circumstances which it felt warranted the retention of jurisdiction over appellant’s sentence. Accordingly, the trial court entered an order stating that jurisdiction would be retained for an indefinite period of time. This the trial court may not do. Section 947.16(3), Florida Statutes (1981), the statute in effect when appellant committed the offense for which he is convicted, allowed a trial court to retain jurisdiction only over the first third of the maxi
Affirmed as to appellant’s conviction. The mandatory minimum three year sentence for the use of a firearm during the commission of a felony is left undisturbed. The remaining portion of the sentence is vacated for entry of a sentence not inconsistent with this opinion.