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Robinson v. State

District Court of Appeal of Florida, Fourth District
Jul 28, 1982
417 So. 2d 321 (Fla. Dist. Ct. App. 1982)

Opinion

No. 81-1821.

July 28, 1982.

Appeal from Circuit Court, Palm Beach County; Thomas H. Johnson, Judge.

Richard L. Jorandby, Public Defender, and Ellen Morris, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Russell S. Bohn, Asst. Atty. Gen., West Palm Beach, for appellee.


Upon review the only error we find involves the failure of the trial court to make specific findings of fact regarding the necessity to retain jurisdiction over the first third of appellant's sentence for purposes of parole review. Section 947.16(3)(a), Florida Statutes (1981); Mobley v. State, 409 So.2d 1031 (Fla. 1982).

Accordingly, appellant's conviction and sentence are affirmed but this cause is remanded to the trial court with directions to either strike the provision retaining jurisdiction or to enter an order setting out those findings of fact required by Section 947.16(3)(a).

ANSTEAD and HERSEY, JJ., and OWEN, WILLIAM C., Jr. (Retired), Associate Judge, concur.


Summaries of

Robinson v. State

District Court of Appeal of Florida, Fourth District
Jul 28, 1982
417 So. 2d 321 (Fla. Dist. Ct. App. 1982)
Case details for

Robinson v. State

Case Details

Full title:GERALD ROBINSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 28, 1982

Citations

417 So. 2d 321 (Fla. Dist. Ct. App. 1982)