Brown v. State

LEHAN, Judge.

Appellant was adjudicated guilty based upon his nolo contendere plea. The trial court’s sentence included retention of juris*22diction over one third of the sentence. Appellant, in a motion pursuant to rule 3.850, Florida Rules of Criminal Procedure, contended that the trial court erred in accepting his nolo contendere plea because the trial court "had not informed him that the trial court could retain jurisdiction over one third of the sentence which could be imposed.

The trial court’s order denying appellant’s motion does not demonstrate that the court informed defendant that…