Stewart v. State

SHIVERS, Chief Judge.

Stewart appeals the trial court’s denial of his motion to relinquish jurisdiction, arguing: (1) that the sentencing court erred in retaining jurisdiction, pursuant to section 947.16(3), F.S. over the first third of his two pre-sentencing guidelines life sentences; and (2) that section 947.16(3), F.S. (1979) is unconstitutional.

We find appellant’s second argument to be without merit, noting that the Florida Supreme Court has ruled on this issue and found the retention of jurisdiction provisions of section 947.16(3)1 to be constitutional. Borden v. State, 402 So.2d 1176…