Cruz v. State
Cruz v. State
Opinion of the Court
We reject as without merit any claim by Cruz that the trial court committed reversible error during the course of the trial upon a holding that there was overwhelming evidence to support the conviction.
Upon being advised that the sentence on Count II was unlawful and that under the statute the retention order was incorrect, the trial court vacated the sentences previously imposed, imposed lawful sentences to run consecutively and retained jurisdiction for one-half of the total sentence of 125 years.
It is clear from the record that the trial court’s intention was to impose a maximum sentence for the crimes involved and the court, consistent with its sentencing plan, properly corrected its sentence to be a legal sentence and has committed no sentencing error. See Goree v. State, 411 So.2d 1352 (Fla. 3d DCA 1982).
Affirmed as modified.
. Under the applicable law at the time the case was heard retention of jurisdiction applied to one-half of the total consecutive sentence. § 947.16(3), Fla.Stat. (1982). Presently the law again calls for retention of jurisdiction over one-third of the total consecutive sentence. § 947.16(3), Fla.Stat. (1983).
Reference
- Full Case Name
- Ramon Benitez CRUZ v. The STATE of Florida
- Cited By
- 2 cases
- Status
- Published