Mathis v. State

RYDER, Judge.

We affirm appellant’s convictions and sentences for first degree burglary and involuntary sexual battery, finding no merit to seven of appellant’s eight points on appeal. However, as to the appellant’s final contention, we agree with appellant that the trial judge erred in retaining jurisdiction over the first one-third of appellant’s sentences as the trial court failed to state the justification as required by the statute.

A trial judge is allowed to retain jurisdiction over the first one-third of a defendant’s sentence upon conviction of burglary of a dwelling in which a human…