Kirtsey v. State

855 So.2d 177 (2003)

Jasper R. KIRTSEY, Appellant,

v.

STATE of Florida, Appellee.

No. 1D03-0393.

District Court of Appeal of Florida, First District.

September 5, 2003.

Appellant, pro se.

Charlie Crist, Attorney General, Elizabeth Fletcher Duffy, Assistant Attorney General, Tallahassee, for Appellee.

The appellant challenges the trial court's summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) alleging that the trial court illegally retained jurisdiction over one-third of his sentence. Because the appellant has stated a facially sufficient claim that his sentence…