Lang v. State
Lang v. State
Opinion of the Court
Appellant, Kenneth Lang, appeals from an order denying his motion to correct an illegal sentence, contending that the trial court erred in entering an order retaining jurisdiction over one-third of his sentence without providing justification for the retention at the time of sentencing, contrary to Section 947.16(3), Florida Statutes (Supp. 1982). We affirm.
When appellant was sentenced on November 9, 1982, section 947.16(3) authorized trial judges “at the time of sentencing ... [to] enter an order retaining jurisdiction over the offender for review of a commission release order.” In so doing, the trial judge was required to “state the justification [for retention] with individual particularity.” Section 947.16(3)(a), Fla. Stat. (Supp. 1982).
In imposing appellant’s 30-year sentence, the trial court checked the box on the sentencing form authorizing him to retain jurisdiction over appellant for review of a parole commission release order during a ten-year period. The form also stated: “The requisite findings of the Court are set forth in a separate order or stated on the record in open court.” Apparently realizing that he had not stated the requisite findings in open court or in a separate order, the trial judge, 29 days after sentencing, entered a written order stating his grounds for retaining jurisdiction over the first one-third of appellant’s sentence.
While a trial court may not modify a sentence under Florida Rule of Criminal Procedure 3.800
Because the trial court modified the retention portion of the sentence within 60 days after the sentence had been entered, and, as appellant does not argue that the court’s reasons do not comply with the particularity requirement of section 947.-16(3)(a), the order denying the motion to correct the sentence is
AFFIRMED.
. Rule 3.800(b) allows a trial court to modify a legal sentence imposed by it within 60 days after such imposition.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.