Harris v. State
Harris v. State
Opinion of the Court
Appellant challenges the trial court s retention of jurisdiction over one-third of his forty-five year sentence for kidnapping with a weapon. We affirm.
Appellant filed a motion for post-conviction relief pursuant to Fla.R.Crim.P. 3.800(a) and argued, inter alia, that the trial court failed to offer sufficient reasons for its retention of jurisdiction as required under section 947.16(3), Florida Statutes (1982).
While the trial court’s reasoning is incorrect, the record supports its denial of appellant’s motion. A thorough review of the sentencing hearing and sentencing order reveals that the court did offer sufficient reasons for its retention of jurisdiction with adequate individual particularity to satisfy the requirements of section 947.-16(3). See generally Snow v. State, 464 So.2d 1313 (Fla. 1st DCA 1985); Harden v. State, 428 So.2d 316 (Fla. 4th DCA 1983); Moore v. State, 392 So.2d 277 (Fla. 5th DCA 1980). Further, the subsequent written reasons correspond with those expressed by the court in appellant’s presence at the sentencing hearing. See Larkin v. State, 474 So.2d 1282 (Fla. 4th DCA 1985).
Accordingly, we affirm the trial court’s retention of jurisdiction over appellant’s forty-five year sentence for kidnapping with a weapon.
AFFIRMED.
. Section 947.16(3) is now section 947.16(4), Fla.Stat. (1989).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.