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Harmon v. State

District Court of Appeal of Florida, First District
Jul 26, 1982
416 So. 2d 835 (Fla. Dist. Ct. App. 1982)

Opinion

Nos. AH-224, 225, 226, and 227.

June 18, 1982. Rehearing Denied July 26, 1982.

Appeal from the Circuit Court, Duval County, Ralph W. Nimmons, Jr., J.

Michael E. Allen, Public Defender, and Carl S. McGinnes, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Kathryn L. Sands, Asst. Atty. Gen., Jacksonville, for appellee.


Harmon complains that the six consecutive 100-year sentences imposed by Judge Nimmons for six felonies, each punishable by "imprisonment for a term of years not exceeding life imprisonment," sections 782.04(2), 787.01(2), and 812.13(2)(a), Florida Statutes (1981), exceed the statutory maximum sentence in that the court retained jurisdiction for one-third of each sentence, aggregating 200 years, to review the Parole Commission's parole release order. Sec. 947.16(3). While the effect of the sentence package is that the judge retained power to review and vacate any release order that the Commission may enter during Harmon's lifetime pursuant to objective parole release criteria that are themselves mandated by statute, that, apparently, is precisely what the legislature intended by section 947.16(3) to make possible in these circumstances. The sentence for each offense is "no harsher than if the court had imposed the maximum sentence of life." Alvarez v. State, 358 So.2d 10 (Fla. 1978).

Whether the otherwise lawful consecutive sentences are expressed as for life or for 600 years, Harmon's life is both the practical and the lawful limit to the sentences imposed; only the period for exercising the court's parole review powers, not the maximum period of imprisonment, has been extended by this order. Harmon suggests no convincing reason why the legislature may not thus empower the sentencing court to extend for the period of Harmon's life the period of parole review, nor why the sentencing court may not in this fashion exercise that power.

AFFIRMED.

ERVIN and SHAW, JJ., concur.


Summaries of

Harmon v. State

District Court of Appeal of Florida, First District
Jul 26, 1982
416 So. 2d 835 (Fla. Dist. Ct. App. 1982)
Case details for

Harmon v. State

Case Details

Full title:JAMES HARMON, III, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Jul 26, 1982

Citations

416 So. 2d 835 (Fla. Dist. Ct. App. 1982)

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