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Viera v. State

District Court of Appeal of Florida, Third District
Sep 3, 1997
698 So. 2d 918 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-2345

September 3, 1997

An appeal under Fla. R. App. P. 9.140(i)from the Circuit Court for Dade County, Rodolfo Sorondo, Judge.

Lazaro Viera, in proper person.

Robert A. Butterworth Attorney General and Erin E. Dardis, Assistant Attorney General, for appellee.

Before NESBITT, COPE and FLETCHER, JJ.


Defendant Lazaro Viera appeals the denial of his motion to correct illegal sentence filed under Rule 3.800, Florida Rules of Criminal Procedure. We affirm in part and reverse in part.

Pursuant to a 1982 plea agreement defendant was sentenced to a life sentence and a 60-year sentence to be served concurrently. As part of the plea agreement the trial court retained jurisdiction over defendant for 20 years as was then permitted under subsection 947.16(4), Florida Statutes (1981).

Defendant challenges the trial court's retention of jurisdiction over the life sentence. Because State v. Mobley, 481 So.2d 481 (Fla. 1986), holds that "[t]here is no statutory authority for retention of jurisdiction over an indeterminate sentence," id., we find that the trial court erred in denying the motion to that extent and strike the retention of jurisdiction over the life sentence. The retention of jurisdiction remains valid with regard to the 60-year sentence. Echols v. State, 484 So.2d 568, 574 (Fla. 1985). Defendant's remaining points are without merit.

Affirmed in part, reversed in part, and remanded for further proceedings consistent herewith.


Summaries of

Viera v. State

District Court of Appeal of Florida, Third District
Sep 3, 1997
698 So. 2d 918 (Fla. Dist. Ct. App. 1997)
Case details for

Viera v. State

Case Details

Full title:LAZARO VIERA, APPELLANT, vs. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Sep 3, 1997

Citations

698 So. 2d 918 (Fla. Dist. Ct. App. 1997)

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