ELARIO SURAZ SANAME, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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[*1084] MILLS, Judge.
Saname appeals a sentence of 150 years with 50 years retained jurisdiction over parole entered following his guilty plea to second degree murder. We affirm in part and reverse in part.
The sentence does not exceed the statutory maximum of life imprisonment, Harmon v. State, 416 So. 2d 835 (Fla. 1st DCA 1982), review pending by the Supreme Court, Case No. 62,537.
The sentencing judge did not state his justifications for the retention of jurisdiction with sufficient particularity. The justification stated was very similar to that in Abbott v. State, 421 So. 2d 24 (Fla. 1st DCA 1982), which the court below did not have benefit of, and no purpose is served by repeating that discussion.
The retention is reversed and the case is remanded for either entry of proper justification or striking of the retention.
ERVIN and BOOTH, JJ., concur.
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Citator
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Hampton v. State, 764 So. 2d 829 (Fla. 1st DCA 2000)…ircumstances of the crimes. See Abbott v. State, 421 So. 2d 24 (Fla. 1st DCA 1982) (statement of justification for retention of jurisdiction under § 947.16(3) failed to satisfy statute’s “specificity and particularity” requirement); Saname v. State, 427 So. 2d 1083 (Fla. 1st DCA 1983) (sentencing judge failed to state justifications for retention of jurisdiction with sufficient specificity). Likewise, the statutory requirement is not met when the findings are vague, conclusory, and insubstantial, or are unsupp…
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Wilson v. State, 449 So. 2d 822 (Fla. 1st DCA 1984)…court to make any findings justifying retention vacated and cause remanded so that findings may be made). In view of this court’s previous decisions in retention appeals, e.g., Abbott v. State, 421 So. 2d 24 (Fla. 1st DCA 1982), and Saname v. State, 427 So. 2d 1083 (Fla. 1st DCA 1983), I concur in the court’s decision to reverse on this ground. However, I favor certifying to the Supreme Court the following question as one of great public importance: Do the appellate courts of this State have jurisdiction to…1 / 2
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Taylor v. State, 481 So. 2d 97 (Fla. 3d DCA 1986)…judge imposed sentences totalling 288 years imprisonment which is less than a life sentence and therefore within the sentencing guidelines. See Harmon v. State, 438 So. 2d 369 (Fla.1983); Alvarez v. State, 358 So. 2d 10 (Fla.1978); Saname v. State, 427 So. 2d 1083 (Fla. 1st DCA 1983), rev’d on other grounds, 448 So. 2d 14 (Fla. 1st DCA 1984). The judgments of conviction and sentences appealed from are in all respects Affirmed.…
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- Abbott v. State, 421 So. 2d 24 (Fla. 1st DCA 1982)
- Harmon v. State, 416 So. 2d 835 (Fla. 1st DCA 1982)