Moore v. State
Moore v. State
Opinion of the Court
Jerry Dean Moore appeals an order summarily denying his motion to correct illegal sentence. We reverse.
Moore was convicted of first-degree murder and attempted robbery. Moore committed the crimes in 1979. On the first-degree murder conviction, the court sentenced Moore to 125 years in prison and retained jurisdiction for one-third of the sentence. In 2001, Moore filed a Florida Rule of Criminal Procedure 3.800(a) motion, contending that his sentence was illegal because the only permissible sentence for first-degree murder was life with a twenty-five-year minimum mandatory term before defendant could seek parole. He also argued that the court impermissi-bly retained jurisdiction for one-third of his sentence. Neither the state nor the defendant could determine whether the trial court ruled on this motion. In 2003, Moore filed a second Rule 3.800(a) motion, contending again that the court impermis-sibly retained jurisdiction over one-third of the sentence. The trial court denied the motion. On appeal, this court appointed a public defender to represent Moore. Defense counsel argues, and the state properly concedes, that Moore’s 125-year sentence and the retention of jurisdiction are illegal. •
At the outset, we note that the challenges defendant raises to his sentence in the present motion are properly brought under Rule 3.800(a).
Furthermore, section 947.16(3) of the Florida Statutes (1979), which addresses the court’s retention of jurisdiction, does not authorize the trial court to retain jurisdiction over one-third of Moore’s sentence. “[A] court cannot retain jurisdiction over a life term because such a sen
Order reversed, sentence vacated, and cause remanded for resentencing with directions.
. The issue as to the court's retention of jurisdiction is not based on the absence of written reasons to support such retention. See Macias v. State, 614 So.2d 1216 (Fla. 3d DCA 1993). But see Wright v. State, 864 So.2d 1153 (Fla. 2d DCA 2003), review granted, 889 So.2d 72 (Fla. 2004).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.