Florida District Courts of Appeal, 1992

King v. State

King v. State
Florida District Courts of Appeal · Decided March 4, 1992 · Hersey, Stone, Warner
594 So. 2d 858; 1992 Fla. App. LEXIS 1856; 1992 WL 38177 (Southern Reporter, Second Series)

King v. State

Opinion of the Court

PER CURIAM.

It is undisputed that it was error to sentence appellant to life in prison followed by consecutive sentences on additional counts with the court retaining jurisdiction over one-third of the determinate portion of the sentence. Jurisdiction may not be retained over a sentence of indeterminable length. On remand, the court may choose to resentence appellant to the determinate sentences first, retaining jurisdiction over one-third of that time, followed by the life sentence. Otherwise, the court is to eliminate the provision for retaining jurisdiction.

HERSEY, STONE and WARNER, JJ., concur.

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