RODRIGUEZ v. STATE

No. 79-19.

380 So.2d 1123 (1980)

Vicente RODRIGUEZ, a/K/a Vincente Rodriguez, a/K/a Vicente Rodriguez, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 5, 1980.


Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, Bartow, and Thomas J. Sherwood, Asst. Public Defender, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.


BOARDMAN, Acting Chief Judge.

Vicente Rodriguez, a/k/a Vincente Rodriguez, a/k/a Vicente Rodriguez, Jr., appeals his conviction and sentence for robbery with a firearm. We affirm the conviction but remand for correction of the sentence.

The only point appellant raises which has merit is his contention that the trial court erred in retaining jurisdiction for the first third of his sentence pursuant to Section 947.16(3), Florida Statutes (1978 Supp.).

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