GEORGE WICKER, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A trial court's authority to retain jurisdiction over sentences under Florida Statute section 947.16(3) applies only to one-third of the total consecutive sentences imposed, not to one-third of each individual consecutive sentence, and a 1982 amendment to that statute does not apply to crimes committed before the amendment's effective date.
[1] Under Florida Statute section 947.16(3), a trial court's authority to retain jurisdiction over consecutive sentences applies only to one-third of the total consecutive se…
[2] A statutory amendment does not apply retroactively to offenses committed prior to the amendment's effective date.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“due to an apparent clerical oversight the judgment and sentence included in this case fails to reflect jail credit for time served”
The state conceded that the judgment failed to reflect jail credit for time served, requiring remand for the trial court to determine the appropriate credit.
George Wicker, Jr. was convicted of first degree unarmed burglary with assault and first degree sexual battery and sentenced to 100 years and 30 years…
The full statement of facts, procedural history, and disposition for this case are member content.
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LEHAN, Judge.
Defendant was convicted of first degree unarmed burglary with assault and first degree sexual battery and sentenced to 100 years and 30 years, respectively. We have considered the points raised by defendant on appeal and find them to be without merit except for certain aspects of the sentence which require us to reverse and remand.
First, the case must be remanded in light of the state’s admission that “due to an apparent clerical oversight the judgment and sentence included in this case fails to reflect jail credit for time served.” If on remand the trial court determines that defendant is entitled to credit for jail time, the specific amount must be included in the sentence. Section 921.161(1), Fla.Stat. (1981); Smith v. State, 310 So. 2d 770 (Fla. 2d DCA 1975).
Second, the trial court retained jurisdiction over one-third of each of the consecutive sentences imposed. However, for the purpose of retention of jurisdiction in this case, the authority of the court applies only to one-third of the total consecutive sentences imposed. Section 947.16(3), Fla.Stat. (1981); Adams v. State, 435 So. 2d 953 (Fla. 2d DCA 1983); Goree v. State, 411 So. 2d 1352 (Fla. 3d DCA 1982). The 1982 amendment to section 947.16(3) is inapplicable because its effective date was after the crimes were committed. See Adams, supra; Cf. State v. Williams, 397 So. 2d 663 (Fla.1981).
We therefore affirm the appellant’s convictions and remand for correction and reconsideration of the sentences consistent herewith.
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
BOARDMAN, A.C.J., and DANAHY, J., concur.
PER CURIAM.
The appellant’s motion for rehearing en banc is denied. We adhere to our holding that the 1982 amendment to section 947.-16(3), Florida Statutes (Supp.1982), does not apply to offenses committed prior to the effective date of that amendment. See State v. Williams, 397 So. 2d 663 (Fla.1981). This court’s opinion in Redding v. State, 431 So. 2d 706 (Fla. 2d DCA 1983), does not show the date on which the offense in that case was committed.
BOARDMAN, A.C.J., and DANAHY and LEHAN, JJ., concur.
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Martin v. State, 452 So. 2d 938 (Fla. 2d DCA 1984)…1982). Second, defendant argues that the court improperly retained jurisdiction. The court should have retained jurisdiction over one-third of the total consecutive sentences. See Adams v. State, 435 So. 2d 953 (Fla. 2d DCA 1983); Wicker v. State, 438 So. 2d 398 (Fla. 2d DCA 1983); § 947.16(3), Fla.Stat. (1982). Also, jurisdiction should be retained over only one of the concurrent sentences for attempted murder. See § 947.16(3), Fla.Stat. (1982). Therefore, we AFFIRM defendant’s convictions but REVERSE an…
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Reid v. State, 440 So. 2d 651 (Fla. 2d DCA 1983)…of defendant’s sentence would be an ex post facto application of the 1982 amendment; [*652] the trial court should resentence defendant and retain jurisdiction over not more than one-third of the total consecutive sentences imposed. Wicker v. State, 438 So. 2d 398 (Fla. 2d DCA, 1983). REVERSED AND REMANDED. BOARDMAN, A.C.J., and SCHEB, J., concur.…
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Wicker v. State, 445 So. 2d 583 (Fla. 2d DCA 1983)…d, as required by section 921.161(1), Florida Statutes (1981). Accordingly, we remand for a determination of whether appellant is entitled to receive credit for time served. If so, such credit should be included in the sentence. See Wicker v. State, 438 So. 2d 398 (Fla. 2d DCA 1983); Wicker v. State, 438 So. 2d 399 (Fla. 2d DCA 1983). Second, the trial court erred in retaining jurisdiction over one-third of each of the consecutive sentences imposed. Wicker; Wicker; Adams v. State, 435 So. 2d 953 (Fla. 2d DC…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Williams, 397 So. 2d 663 (Fla. 1981)
- Smith v. State, 310 So. 2d 770 (Fla. 2d DCA 1975)
- Odom v. State, 310 So. 2d 770 (Fla. 2d DCA 1975)
- Goree v. State, 411 So. 2d 1352 (Fla. 3d DCA 1982)
- Adams v. State, 435 So. 2d 953 (Fla. 2d DCA 1983)
- Redding v. State, 431 So. 2d 706 (Fla. 2d DCA 1983)