Legal Opinion

Spivey v. State

District Court of Appeal of Florida

Decided October 25, 1985No. 84-2561Published

1Per curiam

We affirm defendant’s convictions for sexual battery and kidnapping.

We find no merit in his contentions except his contention that there was error in retaining jurisdiction over the first one-third of his sentence. See Hawkins v. State, 463 So.2d 480 (Fla. 2d DCA 1985); Carter v. State, 464 So.2d 172 (Fla. 2d DCA 1985).

Accordingly, we strike that portion of the sentence retaining jurisdiction.

LEHAN, A.C.J., and FRANK and HALL, JJ., concur.

2Cases cited2 opinions

  1. Carter v. StateDistrict Court of Appeal of Florida · 1985
  2. Hawkins v. StateDistrict Court of Appeal of Florida · 1985