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BORDEN v. STATE

No. 58231.

402 So.2d 1176 (1981)

Raleigh BORDEN, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied September 23, 1981.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Mark Horn and Paul H. Zacks, Asst. Attys. Gen., West Palm Beach, for appellee.

McDONALD, Justice.

Following a trial in which Raleigh Borden was found guilty of second-degree murder and false imprisonment, the trial judge sentenced Borden to terms of ninety-nine and five years, respectively. Relying on section 947.16(3), Florida Statutes (1979), the trial judge retained jurisdiction over the sentence.1 The appellant contended that this statute is unconstitutional, but the trial judge sustained it. We therefore have...

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