Brown v. State

DAVIS, Judge.

Albert Brown appeals the summary denial of his Florida Rule of Criminal Procedure 3.800(a) motion. We reverse.

Brown was sentenced for several crimes in 1984. In his motion Brown claimed that the sentencing court’s retention of jurisdiction over the first one-third of one of the sentences is illegal. The trial court denied the motion as successive.

Although our analysis of this case differs from Brown’s analysis, it appears from the record before this court that the sentencing court’s retention of jurisdiction is indeed impermissible. Both Brown and the trial court referred to…