Grice v. State

ON MOTION FOR REHEARING

SHARP, Judge.

Grice’s motion for rehearing in this case is granted in view of the Florida Supreme Court’s decision in State v. Green, 421 So.2d 508 (Fla.1982), where the court held that

if a judge wishes to retain jurisdiction, a defendant must be advised [sic], prior to pleading guilty or nolo contendere, that the court can retain jurisdiction over a part of the sentence. (Emphasis supplied).

In this case the State agrees that Grice was not advised of the possibility that the trial court could retain jurisdiction over a part of the sentence until after he had pled guilty…