Smith v. State

Appellant was charged by information with sexual battery and robbery. The jury found him guilty of those offenses. He was sentenced to a 120-year sentence of imprisonment as to the offense of robbery.

The trial judge retained jurisdiction for one-third of the sentence to review any future parole commission release order, pursuant to Section 947.16(3), Florida Statutes (1978). For the first time on appeal, the appellant contends such sentence is illegal.

The appellant recognizes the holding in Alvarez v. State, 358 So.2d 10 (Fla. 1978),1 but contends that it is inapplicable to the case at bar…