Florida District Courts of Appeal, 1983

Sutton v. State

Sutton v. State
Florida District Courts of Appeal · Decided September 21, 1983 · Glickstein, Hersey, Walden
437 So. 2d 797; 1983 Fla. App. LEXIS 23650 (Southern Reporter, Second Series)

Sutton v. State

Opinion of the Court

HERSEY, Judge.

Appellant’s conviction is affirmed; however, we remand with instructions to correct the sentence by striking the retention of jurisdiction as to Count III, see Kelly v. State, 414 So.2d 1117 (Fla. 4th DCA 1982), and by reducing the retention of jurisdiction to fifteen years in accordance with Section 947.16(3), Florida Statutes (1981).

AFFIRMED IN PART: REVERSED IN PART and REMANDED.

GLICKSTEIN and WALDEN, JJ., concur.

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