Stettler v. State

Full title: TERRY EDWARD STETTLER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Sep 24, 1985

475 So. 2d 1009 (Fla. Dist. Ct. App. 1985)

Opinion

No. BC-201.

September 24, 1985.

Appeal from the Circuit Court, Bay County, Larry A. Bodiford, J.

Michael E. Allen, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and Lawrence A. Kaden, Asst. Atty. Gen., Tallahassee, for appellee.

BARFIELD, Judge.

Defendant, Terry Edward Stettler, appeals that portion of his life sentence wherein the trial court retained jurisdiction over one-third of the sentence.

Retention of jurisdiction over a portion of a life sentence is not proper. Mobley v. State, 473 So.2d 692 (Fla. 4th DCA, March 20, 1985); Brown v. State, 460 So.2d 988 (Fla. 4th DCA 1984); Kosek v. State, 448 So.2d 57 (Fla. 5th DCA 1984); Willis v. State, 447 So.2d 283 (Fla. 2d DCA 1983); Woodson v. State, 439 So.2d 976 (Fla. 3d DCA 1983); Rodriguez v. State, 424 So.2d 892 (Fla. 3d DCA 1982); Cordero-Pena v. State, 421 So.2d 661 (Fla. 3d DCA 1982).

That portion of the sentence wherein the trial judge retained jurisdiction over one-third of the life sentence is stricken. Otherwise, the sentence is AFFIRMED.

ERVIN and JOANOS, JJ., concur.