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Spivey v. State

District Court of Appeal of Florida, Second District
Oct 25, 1985
477 So. 2d 648 (Fla. Dist. Ct. App. 1985)

Opinion

No. 84-2561.

October 25, 1985.

Appeal from the Circuit Court for Pinellas County; Susan F. Schaeffer, Judge.

James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Ann Garrison Paschall, Asst. Atty. Gen., Tampa, for appellee.


We affirm defendant's convictions for sexual battery and kidnapping.

We find no merit in his contentions except his contention that there was error in retaining jurisdiction over the first one-third of his sentence. See Hawkins v. State, 463 So.2d 480 (Fla. 2d DCA 1985); Carter v. State, 464 So.2d 172 (Fla. 2d DCA 1985).

Accordingly, we strike that portion of the sentence retaining jurisdiction.

LEHAN, A.C.J., and FRANK and HALL, JJ., concur.


Summaries of

Spivey v. State

District Court of Appeal of Florida, Second District
Oct 25, 1985
477 So. 2d 648 (Fla. Dist. Ct. App. 1985)
Case details for

Spivey v. State

Case Details

Full title:RICKY SPIVEY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Oct 25, 1985

Citations

477 So. 2d 648 (Fla. Dist. Ct. App. 1985)