DUDE EMSHWILLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The appellant, Dude Emshwiller, appeals the sentences entered against him by the trial court. On April 19, 1983, appellant was sentenced to serve two concurrent terms of fifteen years imprisonment on two counts of aggravated battery. § 784.-045(l)(b), Fla.Stat. (1981). See 443 So. 2d 488. The trial court retained jurisdiction over the first half of both sentences. Section 947.16(3), Florida Statutes (Supp. 1982), provides that when any person is convicted of two or more felonies and concurrent sentences are imposed, the trial court may retain jurisdiction over the offender only on the first half of the maximum sentence imposed for the highest felony charged and proven. The trial court, therefore, erred in retaining jurisdiction over both counts of the information. Maddox v. State, 438 So. 2d 959 (Fla. 2d DCA 1983).
We, accordingly, remand this cause to the trial court with instructions that it strike the reservation of jurisdiction from one of the fifteen-year sentences. We affirm the judgment and sentences in all other respects.
Remanded with instructions.
RYDER, C.J., and DANAHY and SCHOONOVER, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Llida v. State, 501 So. 2d 162 (Fla. 3d DCA 1987)…ate, 460 So. 2d 477 (Fla. 2d DCA 1984); Rodriquez v. State, 458 So. 2d 899 (Fla. 2d DCA 1984). The trial judge should only have retained jurisdiction over one-third of the sentence, wherein the greatest amount of time was given. Emshwiller v. State, 464 So. 2d 1339 (Fla. 2d DCA 1985); Maddox v. State, 438 So. 2d 959 (Fla. 2d DCA 1983); Section 947.16(4) Florida Statutes (1985). Therefore, for the reasons above stated, that portion of the sentence that relates to alternative sentencing under the guidelines is…
Authorities Cited
- Dude Emshwiller v. State, 443 So. 2d 488 (Fla. 2d DCA 1984)
- Maddox v. State, 438 So. 2d 959 (Fla. 2d DCA 1983)