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CREWS v. STATE

No. 83-1424.

456 So.2d 959 (1984)

Archie CREWS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 27, 1984.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and David A. Henson, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for appellee.

ORFINGER, Judge.

The trial court erred in retaining jurisdiction for one-half of appellant's sentences because, at time of sentencing, the statute permitted retention of jurisdiction for a maximum period of one-third of any sentence. Section 947.16(3), Florida Statutes (1983). The State's contention that the absence of objection below to the sentence makes the issue non-applicable has previously been answered to the contrary. Brumley v. State,

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