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BROWN v. STATE

No. 84-427.

460 So.2d 988 (1984)

Eric Anthony BROWN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 19, 1984.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Gary Caldwell, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Richard G. Bartmon, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

The only issue meriting discussion is whether the trial court erred in retaining jurisdiction over "the first third of the maximum sentence imposed" pursuant to Section 947.16(3), Florida Statutes (1983), of a life sentence.

We adopt the position of the Third and Fifth Districts that Section 947.16(3) is inoperable. Kosek v. State, 448 So.2d 57 (Fla. 5th DCA 1984); Woodson v. State,

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