Florida Statute 947.16 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 947
FLORIDA COMMISSION ON OFFENDER REVIEW; CONDITIONAL RELEASE; CONTROL RELEASE; PAROLE

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F.S. 947.16

947.16 Eligibility for parole; initial parole interviews; powers and duties of commission.—

(1) Every person who has been convicted of a felony or who has been convicted of one or more misdemeanors and whose sentence or cumulative sentences total 12 months or more, who is confined in execution of the judgment of the court, and whose record during confinement or while under supervision is good, shall, unless otherwise provided by law, be eligible for interview for parole consideration of her or his cumulative sentence structure as follows:

(a) An inmate who has been sentenced for an indeterminate term or a term of 3 years or less shall have an initial interview conducted by a hearing examiner within 8 months after the initial date of confinement in execution of the judgment.

(b) An inmate who has been sentenced for a minimum term in excess of 3 years but of less than 6 years shall have an initial interview conducted by a hearing examiner within 14 months after the initial date of confinement in execution of the judgment.

(c) An inmate who has been sentenced for a minimum term of 6 or more years but other than for a life term shall have an initial interview conducted by a hearing examiner within 24 months after the initial date of confinement in execution of the judgment.

(d) An inmate who has been sentenced for a term of life shall have an initial interview conducted by a hearing examiner within 5 years after the initial date of confinement in execution of the judgment.

(e) An inmate who has been convicted and sentenced under ss. 958.011-958.15, or any other inmate who has been determined by the department to be a youthful offender, shall be interviewed by a parole examiner within 8 months after the initial date of confinement in execution of the judgment.

(2) The following special types of cases shall have their initial parole interview as follows:

(a) An initial interview may be postponed for a period not to exceed 90 days. Such postponement shall be for good cause, which shall include, but need not be limited to, the need for the department to obtain a presentence or postsentence investigation report or a probation or parole or mandatory conditional release violation report. The reason for postponement shall be noted in writing and included in the official record. No postponement for good cause shall result in an initial interview being conducted later than 90 days after the inmate’s initially scheduled initial interview.

(b) An initial interview may be deferred for any inmate who is out to court. Such deferral shall not result in an initial interview being conducted later than 90 days after the department provides written notice to the commission that the inmate has been returned from court.

(c) An initial interview may be deferred for any inmate confined in any appropriate treatment facility within the state, public or private, by virtue of transfer from the department under any applicable law. Such deferral shall not result in an initial interview being conducted later than 90 days after the department provides written notice to the commission that the inmate has been returned to the department.

(d) An inmate designated a mentally disordered sex offender shall have an initial interview conducted within 90 days of receiving written notification by the department to the commission of the need for such interview and that the inmate’s file contains all investigative reports deemed necessary by the commission to conduct such interview.

(e) Any inmate who has been determined to be an incapacitated person pursuant to s. 744.331 shall have an initial interview conducted within 90 days after the date the commission is provided with written notice that the inmate has been restored to capacity by the court.

(f) An initial interview may be held at the discretion of the commission after the entry of a commission order to revoke parole or mandatory conditional release.

(g) For purposes of determining eligibility for parole interview and release, the mandatory minimum portion of a concurrent sentence will begin on the date the sentence begins to run as provided in s. 921.161. The mandatory minimum portions of consecutive sentences shall be served at the beginning of the maximum sentence as established by the Department of Corrections. Each mandatory minimum portion of consecutive sentences shall be served consecutively; provided, that in no case shall a sentence begin to run before the date of imposition. The commission shall conduct an initial interview for an inmate serving a mandatory minimum sentence according to the following schedule:

1. An inmate serving a mandatory term of 7 years or less shall have an initial interview no sooner than 6 months prior to the expiration of the mandatory minimum portion of the sentence.

2. An inmate serving a mandatory term in excess of 7 years but of less than 15 years shall have an initial interview no sooner than 12 months prior to the expiration of the mandatory minimum portion of the sentence.

3. An inmate serving a mandatory term of 15 years or more shall have an initial interview no sooner than 18 months prior to the expiration of the mandatory minimum portion of the sentence.

(h) If an inmate is serving a sentence imposed by a county or circuit court of this state concurrently with a sentence imposed by a court of another state or of the United States, and if the department has designated the correctional institution of the other jurisdiction as the place for reception and confinement of such person, the inmate so released to another jurisdiction shall be eligible for consideration for parole, except that the commission shall determine the presumptive parole release date and the effective parole release date by requesting such person’s record file from the receiving jurisdiction. Upon receiving such records, the commission panel assigned by the chair shall determine such release dates based on the relevant information in that file. The commission may concur with the parole release decision of the jurisdiction granting parole and accepting supervision. The provisions of s. 947.174 do not apply to an inmate serving a concurrent sentence in another jurisdiction pursuant to s. 921.16(2).

(3) Notwithstanding the provisions of ss. 775.021 and 921.16, if an inmate has received a consecutive sentence or sentences imposed by a court or courts of this state, the inmate shall be eligible for consideration for parole, unless otherwise expressly prohibited by law.

(4) A person who has become eligible for an initial parole interview and who may, according to the objective parole guidelines of the commission, be granted parole shall be placed on parole in accordance with the provisions of this law; except that, in any case of a person convicted of murder, robbery, burglary of a dwelling or burglary of a structure or conveyance in which a human being is present, aggravated assault, aggravated battery, kidnapping, sexual battery or attempted sexual battery, incest or attempted incest, an unnatural and lascivious act or an attempted unnatural and lascivious act, lewd and lascivious behavior, assault or aggravated assault when a sexual act is completed or attempted, battery or aggravated battery when a sexual act is completed or attempted, arson, or any felony involving the use of a firearm or other deadly weapon or the use of intentional violence, at the time of sentencing the judge may enter an order retaining jurisdiction over the offender for review of a commission release order. This jurisdiction of the trial court judge is limited to the first one-third of the maximum sentence imposed. When any person is convicted of two or more felonies and concurrent sentences are imposed, then the jurisdiction of the trial court judge as provided herein applies to the first one-third of the maximum sentence imposed for the highest felony of which the person was convicted. When any person is convicted of two or more felonies and consecutive sentences are imposed, then the jurisdiction of the trial court judge as provided herein applies to one-third of the total consecutive sentences imposed.

(a) In retaining jurisdiction for the purposes of this act, the trial court judge shall state the justification with individual particularity, and such justification shall be made a part of the court record. A copy of such justification shall be delivered to the department together with the commitment issued by the court pursuant to s. 944.17.

(b) Gain-time as provided for by law shall accrue, except that an offender over whom the trial court has retained jurisdiction as provided herein shall not be released during the first one-third of her or his sentence by reason of gain-time.

(c) In such a case of retained jurisdiction, the commission, within 30 days after the entry of its release order, shall send notice of its release order to the original sentencing judge and to the appropriate state attorney. The release order shall be made contingent upon entry of an order by the appropriate circuit judge relinquishing jurisdiction as provided for in paragraphs (d) and (f). If the original sentencing judge is no longer in service, such notice shall be sent to the chief judge of the circuit in which the offender was sentenced. The chief judge may designate any circuit judge within the circuit to act in the place of the original sentencing judge. Such notice shall stay the time requirements of s. 947.1745.

(d) Within 10 days after receipt of the notice provided for in paragraph (c), the original sentencing judge or her or his replacement shall notify the commission as to whether or not the court further desires to retain jurisdiction. If the original sentencing judge or her or his replacement does not so notify the commission within the 10-day period or notifies the commission that the court does not desire to retain jurisdiction, then the commission may dispose of the matter as it sees fit.

(e) Upon receipt of notice of intent to retain jurisdiction from the original sentencing judge or her or his replacement, the commission shall, within 10 days, forward to the court its release order, the findings of fact, the parole hearing examiner’s report and recommendation, and all supporting information upon which its release order was based.

(f) Within 30 days of receipt of the items listed in paragraph (e), the original sentencing judge or her or his replacement shall review the order, findings, and evidence; and, if the judge finds that the order of the commission is not based on competent substantial evidence or that the parole is not in the best interest of the community or the inmate, the court may vacate the release order. The judge or her or his replacement shall notify the commission of the decision of the court, and, if the release order is vacated, such notification shall contain the evidence relied on and the reasons for denial. A copy of such notice shall be sent to the inmate.

(g) The decision of the original sentencing judge or, in her or his absence, the chief judge of the circuit to vacate any parole release order as provided in this section is not appealable. Each inmate whose parole release order has been vacated by the court shall be reinterviewed within 2 years after the date of receipt of the vacated release order and every 2 years thereafter, or earlier by order of the court retaining jurisdiction. However, each inmate whose parole release order has been vacated by the court and who has been:

1. Convicted of murder or attempted murder;

2. Convicted of sexual battery or attempted sexual battery;

3. Convicted of kidnapping or attempted kidnapping;

4. Convicted of robbery, burglary of a dwelling, burglary of a structure or conveyance, or breaking and entering, or the attempt thereof of any of these crimes, in which a human being is present and a sexual act is attempted or completed; or

5. Sentenced to a 25-year minimum mandatory sentence previously provided in s. 775.082,

shall be reinterviewed once within 7 years after the date of receipt of the vacated release order and once every 7 years thereafter, if the commission finds that it is not reasonable to expect that parole would be granted during the following years and states the bases for the finding in writing. For an inmate who is within 7 years of his or her tentative release date, the commission may establish a reinterview date before the 7-year schedule.

(h) An inmate whose parole release order has been vacated by the court may not be given a presumptive parole release date during the period of retention of jurisdiction by the court. During such period, a new effective parole release date may be authorized at the discretion of the commission without further interview unless an interview is requested by no fewer than two commissioners. Any such new effective parole release date must be reviewed in accordance with the provisions of paragraphs (c), (d), (e), (f), and (g).

(5) Within 90 days after any interview for parole, the inmate shall be advised of the presumptive parole release date. Subsequent to the establishment of the presumptive parole release date, the commission may, at its discretion, review the official record or conduct additional interviews with the inmate. However, the presumptive parole release date may not be changed except for reasons of institutional conduct or the acquisition of new information not available at the time of the initial interview.

(6) This section as amended by chapter 82-171, Laws of Florida, shall apply only to those persons convicted on or after the effective date of chapter 82-171; and this section as in effect before being amended by chapter 82-171 shall apply to any person convicted before the effective date of chapter 82-171.

History.—s. 12, ch. 20519, 1941; s. 3, ch. 21775, 1943; ss. 1, 2, ch. 71-110; s. 2, ch. 74-122; s. 88, ch. 77-120; s. 1, ch. 78-318; s. 11, ch. 78-417; s. 106, ch. 79-3; s. 5, ch. 79-42; s. 195, ch. 79-164; s. 2, ch. 79-310; s. 8, ch. 79-341; s. 1, ch. 81-30; s. 4, ch. 81-322; s. 9, ch. 82-171; ss. 1, 2, ch. 82-401; ss. 9, 34, ch. 83-131; s. 189, ch. 83-216; s. 1, ch. 85-107; s. 3, ch. 85-295; s. 37, ch. 86-183; s. 67, ch. 88-122; s. 111, ch. 89-96; s. 17, ch. 89-531; s. 20, ch. 90-337; s. 1, ch. 93-2; s. 1673, ch. 97-102; s. 1, ch. 97-289; s. 1, ch. 2010-95; s. 45, ch. 2010-117; s. 1, ch. 2013-119.

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F.S. 947.16 on CourtListener

Amendments to 947.16

Annotations, Discussions, Cases:

Cases Citing Statute 947.16

Total Results: 360

Villery v. Florida Parole & Probation Com'n

396 So. 2d 1107

Supreme Court of Florida | Filed: Apr 23, 1981 | Docket: 1732035

Cited 274 times | Published

concerning a prisoner's eligibility for parole under section 947.16(1), Florida Statutes (1979), when he or she

Faison v. State

426 So. 2d 963

Supreme Court of Florida | Filed: Feb 10, 1983 | Docket: 1283143

Cited 131 times | Published

810.02(2)(a), Fla. Stat. (1979) (burglary). [3] § 947.16, Fla. Stat. (1979). [4] 399 So.2d 19 (Fla. 3d

Charles A. Damiano A/K/A Charles A. Damyn v. Florida Parole and Probation Commission and Jim Smith, the Attorney General of the State of Florida

785 F.2d 929, 1986 U.S. App. LEXIS 23655

Court of Appeals for the Eleventh Circuit | Filed: Apr 1, 1986 | Docket: 1065976

Cited 70 times | Published

2d 1487 (11th Cir.1983). 2 . Section 947.16(3) of the parole statute is an example relied

Lowry v. Parole and Probation Com'n

473 So. 2d 1248, 10 Fla. L. Weekly 314

Supreme Court of Florida | Filed: Jun 13, 1985 | Docket: 451424

Cited 64 times | Published

interpretation of section 947.16(1), Florida Statutes (1973). Although section 947.16(1) has not changed

Echols v. State

484 So. 2d 568, 10 Fla. L. Weekly 526

Supreme Court of Florida | Filed: Sep 19, 1985 | Docket: 1343632

Cited 58 times | Published

argues that the trial court erred in applying section 947.16(3), Florida Statutes (Supp. 1982), by retaining

Murray v. State

491 So. 2d 1120, 11 Fla. L. Weekly 328

Supreme Court of Florida | Filed: Jul 17, 1986 | Docket: 2326201

Cited 45 times | Published

additionally retained jurisdiction over parole, under section 947.16(3)(a), Florida Statutes (1983), for thirty

Mills v. State

462 So. 2d 1075, 10 Fla. L. Weekly 45

Supreme Court of Florida | Filed: Jan 10, 1985 | Docket: 449501

Cited 42 times | Published

statute at the time the crimes were committed. § 947.16(3), Fla. Stat. (1981). Therefore, the legal consequences

Mills v. State

462 So. 2d 1075, 10 Fla. L. Weekly 45

Supreme Court of Florida | Filed: Jan 10, 1985 | Docket: 449501

Cited 42 times | Published

statute at the time the crimes were committed. § 947.16(3), Fla. Stat. (1981). Therefore, the legal consequences

Mobley v. State

409 So. 2d 1031

Supreme Court of Florida | Filed: Jan 28, 1982 | Docket: 1307693

Cited 38 times | Published

third of each defendant's sentence pursuant to section 947.16(3), Florida Statutes (1979). Mobley timely

Kayle Barrington Bates v. Secretary, Florida Department of Corrections

768 F.3d 1278, 2014 U.S. App. LEXIS 17250, 2014 WL 4384241

Court of Appeals for the Eleventh Circuit | Filed: Sep 5, 2014 | Docket: 1140894

Cited 37 times | Published

“within 24 months” of that same date. See Fla. Stat. § 947.16(l)(c)-(d) (1983). Had the resentencing jury fixed

Williams v. State

414 So. 2d 509

Supreme Court of Florida | Filed: May 13, 1982 | Docket: 1358062

Cited 35 times | Published

Justice. This case tests the constitutionality of section 947.16(3), Florida Statutes (Supp. 1978).[1] It also

Peek v. State

395 So. 2d 492

Supreme Court of Florida | Filed: Jan 27, 1981 | Docket: 1317967

Cited 34 times | Published

Statutes (1979) (probation) with chapter 947, section 947.16, Florida Statutes (1979) (sentence). It cannot

Albert E. Paschal v. Louie L. Wainwright, Etc.

738 F.2d 1173, 1984 U.S. App. LEXIS 19632

Court of Appeals for the Eleventh Circuit | Filed: Aug 13, 1984 | Docket: 226696

Cited 29 times | Published

834 (Fla.1983). Compare Fla.Stat.Ann. § 947.16 (1973) with Fla.Stat.Ann. 947.16(1)

Wright v. State

911 So. 2d 81, 2005 WL 2095716

Supreme Court of Florida | Filed: Sep 1, 2005 | Docket: 1751781

Cited 27 times | Published

for retaining jurisdiction, in violation of section 947.16(3)(a), Florida Statutes (Supp.1978),[1] does

Mitchell v. State

458 So. 2d 10

District Court of Appeal of Florida | Filed: Oct 2, 1984 | Docket: 1733120

Cited 27 times | Published

trial court's retention of jurisdiction under F.S. 947.16). Although we find that the defendant was entitled

State v. Williams

397 So. 2d 663

Supreme Court of Florida | Filed: Apr 9, 1981 | Docket: 1706873

Cited 26 times | Published

denial of release through gain time pursuant to § 947.16, Florida Statutes (Supp. 1978), constitute an

Wemett v. State

567 So. 2d 882, 1990 WL 127335

Supreme Court of Florida | Filed: Aug 30, 1990 | Docket: 1443343

Cited 25 times | Published

State, 529 So.2d 1288 (Fla. 1st DCA 1988). See § 947.16(3), Fla. Stat. (1981). On remand, the circuit

Mincey v. State

460 So. 2d 396

District Court of Appeal of Florida | Filed: Nov 9, 1984 | Docket: 1766879

Cited 24 times | Published

involved a challenge to the constitutionality of Section 947.16(3), Florida *398 Statutes (1979), which allows

Bentley v. State

411 So. 2d 1361

District Court of Appeal of Florida | Filed: Apr 7, 1982 | Docket: 1326956

Cited 23 times | Published

reasons for retaining jurisdiction pursuant to section 947.16(3), Florida Statutes). At sentencing, the trial

Epprecht v. State

488 So. 2d 129, 11 Fla. L. Weekly 1058

District Court of Appeal of Florida | Filed: May 6, 1986 | Docket: 1287469

Cited 20 times | Published

sentence. The defendant contends that under Section 947.16(3), Florida Statutes (1983), the retention

McRae v. State

383 So. 2d 289

District Court of Appeal of Florida | Filed: May 7, 1980 | Docket: 1512439

Cited 20 times | Published

agree. The trial court had authority under Section 947.16(3), Florida Statutes (1978 Supp.) to retain

Owens v. State

316 So. 2d 537

Supreme Court of Florida | Filed: Jul 10, 1975 | Docket: 1455927

Cited 19 times | Published

the legislative article (art. III, § 8). [5] Section 947.16(1), Fla. Stat. (1973). [6] Owens v. State

State v. Green

421 So. 2d 508

Supreme Court of Florida | Filed: Oct 28, 1982 | Docket: 1372539

Cited 18 times | Published

jurisdiction over the sentence pursuant to section 947.16, Florida Statutes (1979). The court called

Marsh v. Garwood

65 So. 2d 15, 1953 Fla. LEXIS 1265

Supreme Court of Florida | Filed: May 8, 1953 | Docket: 1311058

Cited 18 times | Published

section 3, Chapter 21775, Laws of Florida, 1943; section 947.16, Florida Statutes 1951, F.S.A. The term "conditional

McKee v. State

33 So. 2d 50, 159 Fla. 794, 1947 Fla. LEXIS 962

Supreme Court of Florida | Filed: Dec 9, 1947 | Docket: 3270198

Cited 17 times | Published

of a convicted person for parole and to read Section 947.16, Florida Statutes 1941, relating to parole

Brown v. State

428 So. 2d 369

District Court of Appeal of Florida | Filed: Mar 23, 1983 | Docket: 1720116

Cited 16 times | Published

twenty-five years of the term, pursuant to section 947.16(3), Florida Statutes (Supp. 1978). On appeal

Gains v. State

417 So. 2d 719

District Court of Appeal of Florida | Filed: Jul 13, 1982 | Docket: 1383422

Cited 16 times | Published

count charged only a single offense; (4) that Section 947.16(3), Florida Statutes, is unconstitutional;

Dailey v. State

471 So. 2d 1349, 10 Fla. L. Weekly 1583

District Court of Appeal of Florida | Filed: Jun 27, 1985 | Docket: 1396815

Cited 15 times | Published

particularity its reasons for doing so, as required by Section 947.16(3)(a), Florida Statutes (1981). [2] In Davis

Carter v. State

464 So. 2d 172, 10 Fla. L. Weekly 242

District Court of Appeal of Florida | Filed: Jan 23, 1985 | Docket: 1661404

Cited 15 times | Published

jurisdiction over his sentence pursuant to section 947.16(3). We agree. The purpose of the statute is

Neal v. State

451 So. 2d 1058

District Court of Appeal of Florida | Filed: Jun 28, 1984 | Docket: 1741155

Cited 15 times | Published

years. This contravenes the applicable statute, section 947.16(3), Florida Statutes (1982 Supp.), in two respects:

Martin v. State

452 So. 2d 938

District Court of Appeal of Florida | Filed: Apr 6, 1984 | Docket: 538864

Cited 15 times | Published

Wicker v. State, 438 So.2d 398 (Fla. 2d DCA 1983); § 947.16(3), Fla. Stat. (1982). Also, jurisdiction should

FLORIDA PAROLE AND PROBATION COM'N v. Paige

462 So. 2d 817, 10 Fla. L. Weekly 57, 1985 Fla. LEXIS 2879

Supreme Court of Florida | Filed: Jan 17, 1985 | Docket: 449562

Cited 14 times | Published

depending on the length of the inmate's sentence. § 947.16. Based on this interview, a panel of commissioners

Jackson v. State

419 So. 2d 394

District Court of Appeal of Florida | Filed: Sep 15, 1982 | Docket: 1586782

Cited 14 times | Published

over part of appellant's sentence pursuant to section 947.16, Florida Statutes (1979), and ordered him to

Williams v. Florida Parole Com'n

625 So. 2d 926, 1993 Fla. App. LEXIS 10537, 1993 WL 414240

District Court of Appeal of Florida | Filed: Oct 15, 1993 | Docket: 1517601

Cited 13 times | Published

parole orders entered by the Commission, as section 947.16(3), Florida Statutes (Supp. 1978),[1] then

McKahn v. FLORIDA PAROLE & PROBATION

399 So. 2d 476, 1981 Fla. App. LEXIS 20095

District Court of Appeal of Florida | Filed: Jun 9, 1981 | Docket: 164949

Cited 13 times | Published

initial interview." Section 947.16(4). Additionally, we are of the view that Section 947.16(4) should be considered

Van Tassel v. Coffman

486 So. 2d 528

Supreme Court of Florida | Filed: Feb 27, 1986 | Docket: 1407027

Cited 12 times | Published

limited purpose of eligibility for parole under section 947.16(1), Florida Statutes (1979). After making these

Beech v. State

436 So. 2d 82

Supreme Court of Florida | Filed: Jul 28, 1983 | Docket: 1339319

Cited 12 times | Published

one year is unarguably within the purview of section 947.16, Florida Statutes (1979). See Lewis v. State

Infante v. State

197 So. 2d 542

District Court of Appeal of Florida | Filed: Apr 11, 1967 | Docket: 1322342

Cited 12 times | Published

review of sentences by the State Pardon Board. See § 947.16 Fla. Stat., F.S.A. It therefore appears that an

State v. Snow

462 So. 2d 455, 10 Fla. L. Weekly 40

Supreme Court of Florida | Filed: Jan 10, 1985 | Docket: 449442

Cited 11 times | Published

with individual particularity as required by section 947.16(3)(a), Florida Statutes (1981). The district

Goree v. State

411 So. 2d 1352

District Court of Appeal of Florida | Filed: Apr 6, 1982 | Docket: 1327163

Cited 11 times | Published

the findings justifying retention required by Section 947.16(3)(a), Florida Statutes (1979). Accordingly

Fairweather v. State

505 So. 2d 653, 12 Fla. L. Weekly 1072

District Court of Appeal of Florida | Filed: Apr 15, 1987 | Docket: 1454791

Cited 10 times | Published

over one-third of the sentence pursuant to section 947.16, Florida Statutes (1981). Fairweather was sentenced

Rita v. State

470 So. 2d 80, 10 Fla. L. Weekly 1397

District Court of Appeal of Florida | Filed: Jun 6, 1985 | Docket: 1260773

Cited 10 times | Published

only to the meaning of "sentence" as used in section 947.16(1), Florida Statutes (1979), governing the

Harden v. State

428 So. 2d 316

District Court of Appeal of Florida | Filed: Mar 16, 1983 | Docket: 1374913

Cited 10 times | Published

jurisdiction would have been appropriate under Section 947.16(3), Florida Statutes (1979), in view of the

Fagan v. State

425 So. 2d 214

District Court of Appeal of Florida | Filed: Jan 19, 1983 | Docket: 201209

Cited 10 times | Published

the justification for retaining jurisdiction. Section 947.16(3)(a), Florida Statutes (1981); Oliver v. State

Hodges v. State

403 So. 2d 1375

District Court of Appeal of Florida | Filed: Sep 30, 1981 | Docket: 1672632

Cited 10 times | Published

retaining jurisdiction over parole as permitted by section 947.16(3), Florida Statutes (1979), the majority opinion

Borden v. State

402 So. 2d 1176

Supreme Court of Florida | Filed: Jul 30, 1981 | Docket: 1313316

Cited 10 times | Published

ninety-nine and five years, respectively. Relying on section 947.16(3), Florida Statutes (1979), the trial judge

Gonzalez v. State

982 So. 2d 77, 2008 WL 1883981

District Court of Appeal of Florida | Filed: Apr 30, 2008 | Docket: 1205815

Cited 9 times | Published

have made him eligible for parole. See, e.g., § 947.16, Fla. Stat. (1969). [5] As noted by Wikipedia

Hampton v. State

764 So. 2d 829, 2000 WL 1049894

District Court of Appeal of Florida | Filed: Aug 1, 2000 | Docket: 1515983

Cited 9 times | Published

court included a special provision, pursuant to section 947.16(3), Florida Statute (1981), whereunder it retained

In Re Amend. to Fla. Rules of Cr. Proc.

606 So. 2d 227, 1992 WL 246494

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 2191048

Cited 9 times | Published

jurisdiction over the defendant pursuant to section 947.16(3), Florida Statutes (1983). Jail Credit

Hallman v. State

560 So. 2d 223, 1990 WL 43608

Supreme Court of Florida | Filed: Apr 12, 1990 | Docket: 1739444

Cited 9 times | Published

under which there is no parole. Therefore, section 947.16, Florida Statutes (1985), authorizing retention

Slaughter v. State

493 So. 2d 1109

District Court of Appeal of Florida | Filed: Sep 11, 1986 | Docket: 1671928

Cited 9 times | Published

one-third of Stacey's sentence in accordance with Section 947.16(3), Florida Statutes (1978 Supp.). The crime

Bradley v. State

468 So. 2d 378, 10 Fla. L. Weekly 1017

District Court of Appeal of Florida | Filed: Apr 23, 1985 | Docket: 1725512

Cited 9 times | Published

court also retained jurisdiction, pursuant to Section 947.16, Florida Statutes (1983), over 1/3 of each

May v. FLORIDA PAROLE AND PROBATION COM'N

435 So. 2d 834, 1983 Fla. LEXIS 2673

Supreme Court of Florida | Filed: Jul 21, 1983 | Docket: 1697556

Cited 9 times | Published

The statute retrospectively applied to Williams, § 947.16, Fla. Stat. (Supp. 1978), not only granted the

Dedmon v. State

400 So. 2d 1042

District Court of Appeal of Florida | Filed: Jul 10, 1981 | Docket: 1263192

Cited 9 times | Published

upon the constitutionality of Florida Statutes section 947.16(3). That provision of the law has been upheld

Battis v. Florida Parole & Probation Commission

386 So. 2d 295

District Court of Appeal of Florida | Filed: Jul 24, 1980 | Docket: 477417

Cited 9 times | Published

what is perceived as an insoluble dilemma. Section 947.16, Florida Statutes, provides that every person

Williams v. State

383 So. 2d 722

District Court of Appeal of Florida | Filed: May 7, 1980 | Docket: 1512436

Cited 9 times | Published

years). The court retained jurisdiction pursuant to § 947.16, Florida Statutes (Supp. 1978), which also prevents

Anderson v. State

584 So. 2d 1127, 1991 WL 164430

District Court of Appeal of Florida | Filed: Aug 28, 1991 | Docket: 466824

Cited 8 times | Published

corrected. According to section 947.16(3), Florida Statutes, (1979), now section 947.16(4), "When any person

Powlowski v. State

467 So. 2d 334, 10 Fla. L. Weekly 627

District Court of Appeal of Florida | Filed: Mar 7, 1985 | Docket: 1275554

Cited 8 times | Published

one half of the 300 year sentence pursuant to section 947.16(3), Florida Statutes (Supp. 1982). She argues

Wilson v. State

449 So. 2d 822

District Court of Appeal of Florida | Filed: Mar 19, 1984 | Docket: 1325805

Cited 8 times | Published

sentences. The court retained jurisdiction under section 947.16(3), Florida Statutes (Supp. 1982) for the first

Arnett v. State

397 So. 2d 330

District Court of Appeal of Florida | Filed: Apr 2, 1981 | Docket: 1706777

Cited 8 times | Published

constitutionality of Section 947.16(3), Florida Statutes (1979). Under the provisions of Section 947.16(3), the trial

Rodriguez v. State

380 So. 2d 1123

District Court of Appeal of Florida | Filed: Mar 5, 1980 | Docket: 418437

Cited 8 times | Published

the first third of his sentence pursuant to Section 947.16(3), Florida Statutes (1978 Supp.). The date

Angelo Atwell v. State of Florida

197 So. 3d 1040, 41 Fla. L. Weekly Supp. 244, 2016 WL 3010795, 2016 Fla. LEXIS 1124

Supreme Court of Florida | Filed: May 26, 2016 | Docket: 3067645

Cited 7 times | Published

conduct or the acquisition of new information.” § 947.16(5), Fla. Stat. Because static factors, such as

In Re Amendments to the Florida Rules of Criminal Procedure

26 So. 3d 534, 34 Fla. L. Weekly Supp. 629, 2009 Fla. LEXIS 1948, 34 Fla. L. Weekly Fed. S 629

Supreme Court of Florida | Filed: Nov 19, 2009 | Docket: 1117422

Cited 7 times | Published

jurisdiction over the defendant pursuant to section 947.16(34), Florida Statutes (1983). Jail Credit ____

Burrell v. State

483 So. 2d 479, 11 Fla. L. Weekly 442

District Court of Appeal of Florida | Filed: Feb 12, 1986 | Docket: 2509251

Cited 7 times | Published

court partially receded from Jones in light of section 947.16(1), Florida Statutes (1979), which conferred

State v. Stacey

482 So. 2d 1350, 10 Fla. L. Weekly 563

Supreme Court of Florida | Filed: Oct 17, 1985 | Docket: 1769509

Cited 7 times | Published

one-third of the sentence in accordance with section 947.16(3), Florida Statutes (Supp. 1978). No objection

Cofield v. State

453 So. 2d 409

District Court of Appeal of Florida | Filed: Aug 2, 1984 | Docket: 1163559

Cited 7 times | Published

made when the court gratuitously pronounced Section 947.16(3), *410 Florida Statutes (Supp. 1982)[1] to

Springfield v. State

443 So. 2d 484

District Court of Appeal of Florida | Filed: Jan 13, 1984 | Docket: 1746892

Cited 7 times | Published

probation. He contends that the amendment to section 947.16, Florida Statutes (Supp. 1982), under which

Reid v. State

440 So. 2d 651

District Court of Appeal of Florida | Filed: Nov 18, 1983 | Docket: 2530980

Cited 7 times | Published

with assault. We agree. The 1982 amendment to section 947.16(3), Florida Statutes, allows a court to retain

Adams v. State

435 So. 2d 953

District Court of Appeal of Florida | Filed: Aug 5, 1983 | Docket: 772905

Cited 7 times | Published

committed the offenses for which he was convicted, section 947.16(3), Florida Statutes (1981), provided in part:

Cordero-Pena v. State

421 So. 2d 661

District Court of Appeal of Florida | Filed: Nov 2, 1982 | Docket: 1096599

Cited 7 times | Published

release order pertaining to the defendant. See § 947.16(3), Fla. Stat. (1981). We conclude that where

Jenrette v. Wainwright

410 So. 2d 575

District Court of Appeal of Florida | Filed: Feb 16, 1982 | Docket: 477969

Cited 7 times | Published

relied upon by the Commission. Relying upon Section 947.16(4), Florida Statutes (1979), respondent asserted

Bilyou v. State

404 So. 2d 744

Supreme Court of Florida | Filed: Sep 24, 1981 | Docket: 1782111

Cited 7 times | Published

sentenced to fifteen years in prison. Pursuant to section 947.16(3), Florida Statutes (Supp. 1978), the trial

Toombs v. State

404 So. 2d 766

District Court of Appeal of Florida | Filed: Sep 15, 1981 | Docket: 1782647

Cited 7 times | Published

State, 383 So.2d 289 (Fla.2d DCA 1980) (under Section 947.16(3), Florida Statutes (1979), judiciary cannot

James v. FLA. PAROLE AND PROB. COM'N

395 So. 2d 197

District Court of Appeal of Florida | Filed: Feb 13, 1981 | Docket: 1318121

Cited 7 times | Published

available at the time of the initial interview". Section 947.16(4), Fla. Stat. (1979). While the Legislature

Tompkins v. State

386 So. 2d 597

District Court of Appeal of Florida | Filed: Aug 6, 1980 | Docket: 476989

Cited 7 times | Published

defendant's sentence, the controlling statute, section 947.16(3), Florida Statutes (1979), reads: Persons

Olcott v. State

378 So. 2d 303

District Court of Appeal of Florida | Filed: Dec 20, 1979 | Docket: 1795064

Cited 7 times | Published

of a jail term as a condition of probation. Section 947.16, Florida Statutes (1977), states in pertinent

Olcott v. State

378 So. 2d 303

District Court of Appeal of Florida | Filed: Dec 20, 1979 | Docket: 1795064

Cited 7 times | Published

of a jail term as a condition of probation. Section 947.16, Florida Statutes (1977), states in pertinent

Wainwright v. State

704 So. 2d 511, 1997 WL 709652

Supreme Court of Florida | Filed: Nov 13, 1997 | Docket: 1354387

Cited 6 times | Published

082(1), Fla. Stat. (1993). [8] See generally § 947.16(4), Fla. Stat. (1993). See also Willis v. State

MacIas v. State

614 So. 2d 1216, 1993 WL 72136

District Court of Appeal of Florida | Filed: Mar 16, 1993 | Docket: 2576854

Cited 6 times | Published

jurisdiction over one-third of the defendant's sentence [§ 947.16(3), Fla. Stat. (1981)] were legally insufficient

Yates v. State

509 So. 2d 1249, 12 Fla. L. Weekly 1648

District Court of Appeal of Florida | Filed: Jul 9, 1987 | Docket: 458917

Cited 6 times | Published

for no more than one-third of his sentence. See § 947.16(3), Fla. Stat. (1983). At the time defendant committed

Brumley v. State

455 So. 2d 1096

District Court of Appeal of Florida | Filed: Sep 13, 1984 | Docket: 1692624

Cited 6 times | Published

June 15, 1983, the legislature had amended section 947.16(3) to permit retention of jurisdiction over

Jones v. State

453 So. 2d 1192

District Court of Appeal of Florida | Filed: Aug 14, 1984 | Docket: 1651511

Cited 6 times | Published

jurisdiction pursuant to section 947.16, Florida Statutes (1981). This was error. Section 947.16(3) lists the crimes

Robinson v. State

458 So. 2d 1132

District Court of Appeal of Florida | Filed: Jul 11, 1984 | Docket: 1452685

Cited 6 times | Published

commitment issued by the court pursuant to s. 944.16. § 947.16(3)(a), Fla. Stat. (1983). At least two appellate

Owen v. State

441 So. 2d 1111

District Court of Appeal of Florida | Filed: Nov 8, 1983 | Docket: 1333175

Cited 6 times | Published

first one-third of the sentence pursuant to Section 947.16, Florida Statutes (1981).[1] As justification

Watson v. State

437 So. 2d 702

District Court of Appeal of Florida | Filed: Jun 22, 1983 | Docket: 1257193

Cited 6 times | Published

one third of Watson's sentence pursuant to section 947.16(3), Florida Statutes (1981) which authorizes

Roberts v. State

425 So. 2d 70

District Court of Appeal of Florida | Filed: Dec 15, 1982 | Docket: 1657850

Cited 6 times | Published

its justification for doing so as required by section 947.16(3)(a), Florida Statutes (1979). SCHEB, J.,

Palmer v. State

416 So. 2d 878

District Court of Appeal of Florida | Filed: Jul 14, 1982 | Docket: 465240

Cited 6 times | Published

Appellant challenges the constitutionality of Section 947.16(3), Florida Statutes. The Supreme Court held

Gaskins v. State

415 So. 2d 132

District Court of Appeal of Florida | Filed: Jun 16, 1982 | Docket: 1512867

Cited 6 times | Published

third of the maximum sentence imposed" under section 947.16(3), Florida Statutes (1979), when that sentence

Moore v. State

392 So. 2d 277

District Court of Appeal of Florida | Filed: Nov 26, 1980 | Docket: 1678455

Cited 6 times | Published

term of confinement. Under the provisions of section 947.16(3), Florida Statutes (Supp. 1978), a sentencing

Williamson v. State

388 So. 2d 1345, 22 A.L.R. 4th 750

District Court of Appeal of Florida | Filed: Oct 14, 1980 | Docket: 419560

Cited 6 times | Published

court also retained jurisdiction, pursuant to Section 947.16(3), Florida Statutes (Supp. 1978), to "veto"

Gaskins v. State

502 So. 2d 1344, 12 Fla. L. Weekly 657

District Court of Appeal of Florida | Filed: Feb 25, 1987 | Docket: 1657771

Cited 5 times | Published

theft. We deal with each in point of order. Section 947.16(3), Florida Statutes (1979), enumerated certain

Styles v. State

465 So. 2d 1369, 10 Fla. L. Weekly 835

District Court of Appeal of Florida | Filed: Mar 27, 1985 | Docket: 1695042

Cited 5 times | Published

The trial court has a mandatory duty under section 947.16, Florida Statutes (1981), to provide those

Wicker v. State

438 So. 2d 398

District Court of Appeal of Florida | Filed: Aug 5, 1983 | Docket: 1731732

Cited 5 times | Published

of the total consecutive sentences imposed. Section 947.16(3), Fla. Stat. (1981); Adams v. State, 435

Alexander v. State

425 So. 2d 1197

District Court of Appeal of Florida | Filed: Jan 28, 1983 | Docket: 1657955

Cited 5 times | Published

the individual particularity requirement of section 947.16(3)(a), Florida Statutes (1981). A court's failure

Abbott v. State

421 So. 2d 24

District Court of Appeal of Florida | Filed: Oct 14, 1982 | Docket: 134780

Cited 5 times | Published

court's retention of jurisdiction, pursuant to § 947.16(3), Fla. Stat., over the first one-third of his

Glenn v. State

411 So. 2d 1367

District Court of Appeal of Florida | Filed: Apr 7, 1982 | Docket: 1327168

Cited 5 times | Published

one-third of the thirty-year sentence, pursuant to section 947.16(3), Florida Statutes (1979), and a written

Lopez v. FLA. PAROLE & PROB. COMM.

410 So. 2d 1354

District Court of Appeal of Florida | Filed: Feb 23, 1982 | Docket: 438061

Cited 5 times | Published

discretion of the Parole and Probation Commission, § 947.16 Fla. Stat. (1977). Pursuant to § 947.165 Fla.

Green v. State

406 So. 2d 1148

District Court of Appeal of Florida | Filed: Oct 20, 1981 | Docket: 449796

Cited 5 times | Published

jurisdiction over the defendant's sentence for burglary. § 947.16(3), Fla. Stat. See Robinson v. State, 368 So.2d

Sawyer v. State

401 So. 2d 939

District Court of Appeal of Florida | Filed: Aug 4, 1981 | Docket: 2577076

Cited 5 times | Published

specifying his reason for doing so as required by Section 947.16(3)(a) Florida Statutes (1979). This issue was

Hicks v. State

388 So. 2d 357

District Court of Appeal of Florida | Filed: Oct 1, 1980 | Docket: 1480814

Cited 5 times | Published

"court maintains jurisdiction over defendant." Section 947.16(3), Florida Statutes (1979), provides that

Burnette v. State

157 So. 2d 65

Supreme Court of Florida | Filed: Nov 6, 1963 | Docket: 1735199

Cited 5 times | Published

of a convicted person for parole and to read Section 947.16, Florida Statutes 1941, F.S.A., relating to

Lopez v. State

864 So. 2d 1151, 2003 WL 23094766

District Court of Appeal of Florida | Filed: Dec 31, 2003 | Docket: 1425722

Cited 4 times | Published

intentional violence within the meaning of section 947.16(3), Florida Statutes (1981). This statute authorized

Bingham v. State

813 So. 2d 1021, 2002 WL 518540

District Court of Appeal of Florida | Filed: Apr 8, 2002 | Docket: 566593

Cited 4 times | Published

retention of jurisdiction in accordance with section 947.16(3), Florida Statutes (1981), and Hampton v

Braggs v. State

642 So. 2d 129, 1994 WL 497851

District Court of Appeal of Florida | Filed: Sep 14, 1994 | Docket: 549707

Cited 4 times | Published

to retain jurisdiction over the defendant. See § 947.16(3), Fla. Stat. (Supp. 1982). Although the trial

Taylor v. FLA. PAROLE AND PROBATION COM'N

543 So. 2d 367, 1989 WL 49606

District Court of Appeal of Florida | Filed: May 16, 1989 | Docket: 1437484

Cited 4 times | Published

of this offense." Clearly, this reason violates § 947.16(5) because it was previously known and documented

State v. Hall

538 So. 2d 468, 1989 WL 161

District Court of Appeal of Florida | Filed: Jan 5, 1989 | Docket: 472436

Cited 4 times | Published

Parole and Probation Commission as to parole (see § 947.16(2)(g)) and administrative gain time (see § 944

Kennedy v. State

490 So. 2d 195, 11 Fla. L. Weekly 1395

District Court of Appeal of Florida | Filed: Jun 20, 1986 | Docket: 1743225

Cited 4 times | Published

retain jurisdiction over the sentences under section 947.16(4), Florida Statutes (1985). Senczyszyn v.

State v. Smith

470 So. 2d 764, 10 Fla. L. Weekly 1338

District Court of Appeal of Florida | Filed: May 30, 1985 | Docket: 1676689

Cited 4 times | Published

be eligible for parole consideration under section 947.16(1), (2)(g)(3), which provides that: (1) Every

Gaines v. FLORIDA PAROLE AND PROBATION COM'N

463 So. 2d 1181, 10 Fla. L. Weekly 153, 1985 Fla. App. LEXIS 11899

District Court of Appeal of Florida | Filed: Jan 9, 1985 | Docket: 448897

Cited 4 times | Published

when the first PPRD was established. We agree. Section 947.16(4), Florida Statutes (1983), provides, in relevant

Walcott v. State

460 So. 2d 915

District Court of Appeal of Florida | Filed: Nov 15, 1984 | Docket: 1766942

Cited 4 times | Published

retaining jurisdiction over defendant's sentence. Section 947.16(3), Florida Statutes (1983) permits the retention

Blackwell v. State

449 So. 2d 1296

District Court of Appeal of Florida | Filed: Apr 18, 1984 | Docket: 2575365

Cited 4 times | Published

one-third of each sentence. This was improper under section 947.16(3), Florida Statutes (1981), which limits the

Fredricks v. State

440 So. 2d 433

District Court of Appeal of Florida | Filed: Oct 21, 1983 | Docket: 77191

Cited 4 times | Published

the first half of four sentences pursuant to Section 947.16(3), Florida Statutes (Supp. 1982). The crimes

McCoy v. State

429 So. 2d 1256

District Court of Appeal of Florida | Filed: Mar 31, 1983 | Docket: 1222226

Cited 4 times | Published

judge who retained jurisdiction pursuant to Section 947.16(3), Florida Statutes, and imposed extended

Overton v. State

429 So. 2d 722

District Court of Appeal of Florida | Filed: Mar 17, 1983 | Docket: 253885

Cited 4 times | Published

observations and enumeration of offenses accord with Section 947.16(3), Florida Statutes (1981). The imposition

Harmon v. State

416 So. 2d 835

District Court of Appeal of Florida | Filed: Jun 18, 1982 | Docket: 2563858

Cited 4 times | Published

precisely what the legislature intended by section 947.16(3) to make possible in these circumstances

Canty v. State

402 So. 2d 1232

District Court of Appeal of Florida | Filed: Jul 29, 1981 | Docket: 1502964

Cited 4 times | Published

stating the reasons on the record pursuant to section 947.16(3)(a), Florida Statutes (1979). This point

Williams v. State

374 So. 2d 1086

District Court of Appeal of Florida | Filed: Aug 29, 1979 | Docket: 469437

Cited 4 times | Published

one-third of the appellant's sentence, pursuant to Section 947.16(3), Florida Statutes (Supp. 1978). We affirm

Smith v. State

93 So. 3d 371, 2012 WL 2345119, 2012 Fla. App. LEXIS 9996

District Court of Appeal of Florida | Filed: Jun 21, 2012 | Docket: 60310560

Cited 3 times | Published

lawful remedy is to declare unconstitutional section 947.16(6), Florida Statutes, to the extent that it

Kirtsey v. State

855 So. 2d 177, 2003 WL 22056300

District Court of Appeal of Florida | Filed: Sep 5, 2003 | Docket: 1461435

Cited 3 times | Published

justification *178 "with individual particularity." See § 947.16(3)(a), Fla. Stat. (1981); Hampton v. State, 764

Gaines v. Florida Parole Com'n

743 So. 2d 118, 1999 Fla. App. LEXIS 12519, 1999 WL 743615

District Court of Appeal of Florida | Filed: Sep 22, 1999 | Docket: 1670313

Cited 3 times | Published

was necessary for the prisoner's release. See § 947.16(3), Fla. Stat. (Supp.1978). Judge Morphonios did

Johnson v. State

679 So. 2d 9, 1996 WL 382959

District Court of Appeal of Florida | Filed: Jul 10, 1996 | Docket: 1215025

Cited 3 times | Published

775.082(1), 794.011(2), Fla. Stat.(1989).[2] Section 947.16(2)(g)3, Florida Statutes (1989) provided that

Ragan v. Dugger

544 So. 2d 1052, 1989 WL 57842

District Court of Appeal of Florida | Filed: May 25, 1989 | Docket: 1301181

Cited 3 times | Published

reasons for retaining jurisdiction as required by § 947.16, Florida Statutes (1981). We grant the petition

Marshall v. Dugger

526 So. 2d 143, 1988 WL 47493

District Court of Appeal of Florida | Filed: May 17, 1988 | Docket: 1273148

Cited 3 times | Published

reasons fail to comply with the requirements of Section 947.16(3), Florida Statutes (1983). The purpose of

Cahill v. State

489 So. 2d 1219, 11 Fla. L. Weekly 1345

District Court of Appeal of Florida | Filed: Jun 11, 1986 | Docket: 802922

Cited 3 times | Published

defendant. It does not satisfy the requirement of section 947.16(4)(a), Florida Statutes (1985), for individual

Williams v. State

470 So. 2d 864, 10 Fla. L. Weekly 1465

District Court of Appeal of Florida | Filed: Jun 14, 1985 | Docket: 1599509

Cited 3 times | Published

over defendant's burglary sentence pursuant to section 947.16(3), Florida Statutes (1983). The purpose of

Nazworth v. State

473 So. 2d 214, 10 Fla. L. Weekly 1006

District Court of Appeal of Florida | Filed: Apr 18, 1985 | Docket: 1510490

Cited 3 times | Published

during the effective period of Chapter 82-171, section 947.16(3), (5), Florida Statutes (1983). See footnote

Ragan v. State

468 So. 2d 322, 10 Fla. L. Weekly 936

District Court of Appeal of Florida | Filed: Apr 10, 1985 | Docket: 1725540

Cited 3 times | Published

jurisdiction over his sentences pursuant to section 947.16(3), Florida Statutes (1983). A trial court

Chaney v. State

452 So. 2d 1148

District Court of Appeal of Florida | Filed: Jul 19, 1984 | Docket: 474534

Cited 3 times | Published

year or more shall be eligible for parole (Section 947.16, Florida Statutes). Persons who are required

Hayes v. State

448 So. 2d 84

District Court of Appeal of Florida | Filed: Apr 11, 1984 | Docket: 358686

Cited 3 times | Published

of the 99-year sentence imposed. We agree. Section 947.16(3), Florida Statutes (1983), was amended to

Mobley v. State

447 So. 2d 328

District Court of Appeal of Florida | Filed: Feb 24, 1984 | Docket: 268360

Cited 3 times | Published

one-half of his sentence on the grounds that section 947.16, Florida Statutes (1981) was amended to provide

Pedroso v. State

420 So. 2d 908

District Court of Appeal of Florida | Filed: Oct 20, 1982 | Docket: 1188187

Cited 3 times | Published

with individual particularity as required by section 947.16(3)(a), Florida Statutes (1979). The judge summarily

Oishi v. FLORIDA PAROLE AND PROBATION COM'N

418 So. 2d 329, 1982 Fla. App. LEXIS 20832

District Court of Appeal of Florida | Filed: Aug 3, 1982 | Docket: 1288883

Cited 3 times | Published

three year sentence since August 26, 1981. Section 947.16(1), Fla. Stat. (1981), requires the Commission

In Re Florida Rules of Crim. Procedure

408 So. 2d 207

Supreme Court of Florida | Filed: Oct 15, 1981 | Docket: 1732484

Cited 3 times | Published

Retention of [] The Court pursuant to F.S. 947.16(3) retains Jurisdiction jurisdiction

Myles v. State

399 So. 2d 481

District Court of Appeal of Florida | Filed: Jun 9, 1981 | Docket: 1168253

Cited 3 times | Published

elected to retain jurisdiction pursuant to Section 947.16(3), Florida Statutes (1979) (originally enacted

Greer v. FLA. PAROLE & PROB. COMM.

403 So. 2d 1000

District Court of Appeal of Florida | Filed: Apr 28, 1981 | Docket: 1250412

Cited 3 times | Published

within the time limits imposed by the statutes. Section 947.16, Florida Statutes (1979), does not permit such

Greer v. FLA. PAROLE & PROB. COMM.

403 So. 2d 1000

District Court of Appeal of Florida | Filed: Apr 28, 1981 | Docket: 1250412

Cited 3 times | Published

within the time limits imposed by the statutes. Section 947.16, Florida Statutes (1979), does not permit such

Foxx v. State

392 So. 2d 48

District Court of Appeal of Florida | Filed: Jan 6, 1981 | Docket: 1502767

Cited 3 times | Published

parole as to a one year county jail sentence, see § 947.16(1), Fla. Stat. (1979); Villery v. Florida Parole

Robinson v. State

368 So. 2d 638

District Court of Appeal of Florida | Filed: Mar 16, 1979 | Docket: 1389732

Cited 3 times | Published

jurisdiction over a portion of his sentence under Section 947.16(3), Florida Statutes (Supp. 1978). The portion

Dortch v. State

137 So. 3d 1173, 2014 WL 1467468, 2014 Fla. App. LEXIS 5608

District Court of Appeal of Florida | Filed: Apr 16, 2014 | Docket: 60240208

Cited 2 times | Published

(Padovano, J., concurring) (suggesting that section 947.16(6), Florida Statutes, should be deemed unconstitutional

Sapp v. State

864 So. 2d 75, 2003 WL 23008816

District Court of Appeal of Florida | Filed: Dec 24, 2003 | Docket: 1426330

Cited 2 times | Published

jurisdiction over that sentence pursuant to section 947.16, Florida Statutes. The trial court did not

King v. State

835 So. 2d 1224, 2003 WL 187463

District Court of Appeal of Florida | Filed: Jan 29, 2003 | Docket: 1643301

Cited 2 times | Published

first one-third of each sentence pursuant to section 947.16, Florida Statutes (1979). To support the retention

Barnhill v. State

788 So. 2d 313, 2001 WL 564205

District Court of Appeal of Florida | Filed: May 11, 2001 | Docket: 1286731

Cited 2 times | Published

jurisdiction for only one-third of Barnhill's sentence. § 947.16(3), Fla. Stat. (1983). See Ch. 83-131, § 9, Laws

Thames v. State

769 So. 2d 448, 2000 WL 1421355

District Court of Appeal of Florida | Filed: Sep 28, 2000 | Docket: 178343

Cited 2 times | Published

jurisdiction over his case in violation of Section 947.16(3), Florida Statutes (1981). We reverse and

State v. Arduengo

609 So. 2d 651, 1992 WL 282112

District Court of Appeal of Florida | Filed: Oct 14, 1992 | Docket: 1737984

Cited 2 times | Published

jurisdiction over half of each term pursuant to section 947.16(3), Florida Statutes (1982). Since that time

Bolyea v. State

508 So. 2d 457, 12 Fla. L. Weekly 1355

District Court of Appeal of Florida | Filed: May 27, 1987 | Docket: 1152612

Cited 2 times | Published

limited purpose of parole eligibility under section 947.16(1), Florida Statutes (1979). Ch. 83-131, §

Johnson v. State

502 So. 2d 1352, 12 Fla. L. Weekly 646

District Court of Appeal of Florida | Filed: Feb 25, 1987 | Docket: 2571423

Cited 2 times | Published

of his 60-year prison sentence pursuant to section 947.16, Florida Statutes (1985). Specifically, Johnson

Stanley v. State

501 So. 2d 90, 12 Fla. L. Weekly 264

District Court of Appeal of Florida | Filed: Jan 15, 1987 | Docket: 1527728

Cited 2 times | Published

Appellant's second claim is without merit. Section 947.16(3), Florida Statutes (1981), authorizes the

Stanley v. State

501 So. 2d 90, 12 Fla. L. Weekly 264

District Court of Appeal of Florida | Filed: Jan 15, 1987 | Docket: 1527728

Cited 2 times | Published

Appellant's second claim is without merit. Section 947.16(3), Florida Statutes (1981), authorizes the

State v. Walcott

472 So. 2d 741, 10 Fla. L. Weekly 363

Supreme Court of Florida | Filed: Jul 3, 1985 | Docket: 1793742

Cited 2 times | Published

jurisdiction for one-half of respondent's sentence. Section 947.16(3), Florida Statutes (1983), permits the retention

Morales v. State

471 So. 2d 625, 10 Fla. L. Weekly 1553

District Court of Appeal of Florida | Filed: Jun 21, 1985 | Docket: 2566702

Cited 2 times | Published

jurisdiction over his sentences pursuant to section 947.16(3), Florida Statutes (1983). A trial court

Tillman v. State

466 So. 2d 20

District Court of Appeal of Florida | Filed: Mar 29, 1985 | Docket: 2587075

Cited 2 times | Published

the trial court could retain jurisdiction. See § 947.16(3), Fla. Stat. (1983). No purpose would be served

Alvarado v. State

466 So. 2d 335, 10 Fla. L. Weekly 880

District Court of Appeal of Florida | Filed: Feb 27, 1985 | Docket: 438564

Cited 2 times | Published

application of the retention of jurisdiction statute, Section 947.16(3), Florida Statutes. The trial court erroneously

Hawkins v. State

463 So. 2d 480, 10 Fla. L. Weekly 361

District Court of Appeal of Florida | Filed: Feb 8, 1985 | Docket: 2589074

Cited 2 times | Published

both sentences contrary to the provisions of Section 947.16(3), Florida Statutes (1983). The concurrent

Kosek v. State

448 So. 2d 57

District Court of Appeal of Florida | Filed: Apr 5, 1984 | Docket: 429322

Cited 2 times | Published

The court also retained jurisdiction under section 947.16, Florida Statutes (Supp. 1978), for the first

Jenkins v. State

448 So. 2d 1060

District Court of Appeal of Florida | Filed: Mar 21, 1984 | Docket: 429595

Cited 2 times | Published

therefor with the particularity required by Section 947.16(3), Florida Statutes (1981). The record shows

Williams v. State

441 So. 2d 1157

District Court of Appeal of Florida | Filed: Nov 22, 1983 | Docket: 1699247

Cited 2 times | Published

this case, i.e., for a period of 127 1/2 years. § 947.16(3), Fla. Stat. (1982). In effect, then, the defendant

Wicker v. State

445 So. 2d 583

District Court of Appeal of Florida | Filed: Oct 28, 1983 | Docket: 1288062

Cited 2 times | Published

the period of retention in accordance with section 947.16(3), Florida Statutes (1981). We therefore AFFIRM

Wicker v. State

438 So. 2d 399

District Court of Appeal of Florida | Filed: Sep 21, 1983 | Docket: 2574872

Cited 2 times | Published

committed the offenses, for which he was convicted, section 947.16(3), Florida Statutes (1981), provided in part:

Rosa v. State

412 So. 2d 891

District Court of Appeal of Florida | Filed: Mar 23, 1982 | Docket: 250301

Cited 2 times | Published

jurisdiction over defendant Rosa pursuant to section 947.16(3)(a), Florida Statutes (1979). Defendant's

Hayes v. State

400 So. 2d 519

District Court of Appeal of Florida | Filed: Jun 16, 1981 | Docket: 1263121

Cited 2 times | Published

retains jurisdiction on this matter". *521 Section 947.16(3) Florida Statutes (1979) states in pertinent

Wright v. State

342 So. 2d 565

District Court of Appeal of Florida | Filed: Feb 18, 1977 | Docket: 1521309

Cited 2 times | Published

the Florida Parole and Probation Commission. See § 947.16, Fla. Stat. 1975. It is that Commission's prerogative

In RE: AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE-2018 REGULAR-CYCLE REPORT.

265 So. 3d 494

Supreme Court of Florida | Filed: Oct 4, 2018 | Docket: 7982207

Cited 1 times | Published

jurisdiction over the defendant pursuant to section 947.16(4), Florida Statutes (1983). Jail Credit

Franklin v. State

141 So. 3d 210

District Court of Appeal of Florida | Filed: May 19, 2014 | Docket: 60241821

Cited 1 times | Published

Commission’s authority to grant Appellant parole. See § 947.16(3), Fla. Stat. (1982 Supp.). Under the United

Harmon v. State

136 So. 3d 1223, 2014 WL 1305707, 2014 Fla. App. LEXIS 4813

District Court of Appeal of Florida | Filed: Apr 2, 2014 | Docket: 60239936

Cited 1 times | Published

Defendant’s 100-year sentences pursuant to section 947.16, Florida Statutes, to review the Parole Commission’s

Fredrick v. State

82 So. 3d 192, 2012 WL 833089, 2012 Fla. App. LEXIS 4104

District Court of Appeal of Florida | Filed: Mar 14, 2012 | Docket: 2574122

Cited 1 times | Published

defendant's sentence. Compare § 947.16(3), Fla. Stat. (1981), with § 947.16(3), Fla. Stat. (Supp.1982).

AYALA-LAIES v. State

16 So. 3d 244, 2009 Fla. App. LEXIS 11572, 2009 WL 2516918

District Court of Appeal of Florida | Filed: Aug 19, 2009 | Docket: 1128117

Cited 1 times | Published

retaining jurisdiction, in accordance with section 947.16(3), for the first one-half of Defendant's sentence

Hogan v. State

12 So. 3d 835, 2009 Fla. App. LEXIS 6957, 2009 WL 1491445

District Court of Appeal of Florida | Filed: May 29, 2009 | Docket: 1646526

Cited 1 times | Published

on one-third of the sentences, pursuant to section 947.16(3),[2] Florida Statutes (Supp.1978). Hogan

In Re Amendments to Fl. Rules of Crim. Procedure

998 So. 2d 1128, 33 Fla. L. Weekly Supp. 915, 2008 Fla. LEXIS 2207, 2008 WL 4950074

Supreme Court of Florida | Filed: Nov 20, 2008 | Docket: 2541859

Cited 1 times | Published

jurisdiction over the defendant pursuant to section 947.16(3), Florida Statutes (1983). Jail Credit ____

In Re Amendments to Fl. Rules of Crim. Procedure

998 So. 2d 1128, 33 Fla. L. Weekly Supp. 915, 2008 Fla. LEXIS 2207, 2008 WL 4950074

Supreme Court of Florida | Filed: Nov 20, 2008 | Docket: 2541859

Cited 1 times | Published

jurisdiction over the defendant pursuant to section 947.16(3), Florida Statutes (1983). Jail Credit ____

Perry v. State

892 So. 2d 1062, 29 Fla. L. Weekly Fed. D 2624

District Court of Appeal of Florida | Filed: Nov 19, 2004 | Docket: 471839

Cited 1 times | Published

not a defendant was eligible for parole under section 947.16(1) in a situation where the defendant was incarcerated

Amazon v. State

537 So. 2d 170, 1989 WL 1349

District Court of Appeal of Florida | Filed: Jan 13, 1989 | Docket: 427038

Cited 1 times | Published

of jurisdiction over one third of his sentence. § 947.16, Fla. Stat. (1987). Because Amazon does not set

Larkin v. State

474 So. 2d 1282, 10 Fla. L. Weekly 2116

District Court of Appeal of Florida | Filed: Sep 11, 1985 | Docket: 1471531

Cited 1 times | Published

open court with particularity as required by section 947.16(3)(a) (1983). The trial judge allowed the prosecutor

State v. Brumley

471 So. 2d 1282, 10 Fla. L. Weekly 333

Supreme Court of Florida | Filed: Jun 20, 1985 | Docket: 2570275

Cited 1 times | Published

entered subsequent to the effective date of section 947.16(3), Florida Statutes (1983), which reduced

Marshall v. State

448 So. 2d 603

District Court of Appeal of Florida | Filed: Apr 17, 1984 | Docket: 1492015

Cited 1 times | Published

retaining *604 jurisdiction in accordance with section 947.16(3)(a), Florida Statutes (1981), and for clarification

Saname v. State

448 So. 2d 14

District Court of Appeal of Florida | Filed: Mar 13, 1984 | Docket: 1523118

Cited 1 times | Published

were insufficient to meet the requirement of Section 947.16(3)(a) that justification for retention of jurisdiction

Snow v. State

443 So. 2d 1074

District Court of Appeal of Florida | Filed: Jan 18, 1984 | Docket: 260247

Cited 1 times | Published

with individual particularity as required by Section 947.16(3)(a), Florida Statutes (1981). Because the

Valdes v. State

443 So. 2d 223

District Court of Appeal of Florida | Filed: Dec 14, 1983 | Docket: 1458065

Cited 1 times | Published

sentences were to run consecutively. Pursuant to Section 947.16(3), Florida Statutes (1981), the trial court

Willis v. State

447 So. 2d 283

District Court of Appeal of Florida | Filed: Dec 7, 1983 | Docket: 2546453

Cited 1 times | Published

of the appellant's life sentence pursuant to section 947.16(3), Florida Statutes (1981). We hold that the

Hopkins v. State

418 So. 2d 1183

District Court of Appeal of Florida | Filed: Aug 31, 1982 | Docket: 1288921

Cited 1 times | Published

jurisdiction to review any release order pursuant to Section 947.16(3), Florida Statutes, for 66 years. Appellant

Sanders v. State

400 So. 2d 1015

District Court of Appeal of Florida | Filed: Jun 26, 1981 | Docket: 2589874

Cited 1 times | Published

jurisdiction for one third of sentence" pursuant to section 947.16(3), Florida Statutes (1979). However, this

LaChance v. State

396 So. 2d 1234

District Court of Appeal of Florida | Filed: Apr 22, 1981 | Docket: 303162

Cited 1 times | Published

appellant's second contention to be meritorious. Section 947.16(3)(a), Florida Statutes (1979)[1], allows a

Anthony Floyd Wainwright v. State of Florida

Supreme Court of Florida | Filed: Jun 3, 2025 | Docket: 70445810

Published

2d and no retention of jurisdiction under section 947.16(3), Florida Statutes (1983).” Wainwright I

Coto v. Florida Commission on Offender Review

District Court of Appeal of Florida | Filed: May 1, 2024 | Docket: 68209354

Published

Commission. See Crews, 132 So. 3d at 899. Section 947.16(1), Florida Statutes, states that “[e]very

Katina Paese v. State of Florida

District Court of Appeal of Florida | Filed: Feb 28, 2024 | Docket: 68290564

Published

concern with whether the effective date of section 947.16(3) permitted the statute’s application to petitioner’s

STATE OF FLORIDA v. ANDREW SCOTT CROSE

District Court of Appeal of Florida | Filed: Jan 26, 2024 | Docket: 68195892

Published

General issued Opinion 85-11, which, construing section 947.16, Florida Statutes (1973), opined that a prisoner

PARNELL SMITH v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 8, 2023 | Docket: 66795935

Published

MILLER, JJ. PER CURIAM. Affirmed. § 947.16(3), Fla. Stat. (1981) (“When any person is convicted

In Re: Amendments to the Florida Rules of Criminal Procedure - 2018 Regular-Cycle Report

Supreme Court of Florida | Filed: Jul 19, 2018 | Docket: 7471972

Published

jurisdiction over the defendant pursuant to section 947.16(4), Florida Statutes (1983). Jail

Davis v. State

214 So. 3d 779, 2017 WL 1202380, 2017 Fla. App. LEXIS 4380

District Court of Appeal of Florida | Filed: Mar 31, 2017 | Docket: 4667152

Published

life imprisonment was eligible for parole. See § 947.16(1), Fla. Stat. (1971). In Atwell, the supreme

In Re: Amendments to the Florida Rules of Criminal Procedure – Corrected Opinion

Supreme Court of Florida | Filed: Feb 18, 2016 | Docket: 3037339

Published

jurisdiction over the defendant pursuant to section 947.16(4), Florida Statutes (1983).

In Re: Amendments to the Florida Rules of Criminal Procedure - Corrected Opinion

Supreme Court of Florida | Filed: Jan 21, 2016 | Docket: 3029854

Published

jurisdiction over the defendant pursuant to section 947.16(4), Florida Statutes (1983).

In Re AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE

188 So. 3d 764, 40 Fla. L. Weekly Supp. 594, 2015 Fla. LEXIS 2949, 2015 WL 10490032

Supreme Court of Florida | Filed: Oct 29, 2015 | Docket: 3008264

Published

jurisdiction over the defendant pursuant to section 947.16(4), Florida Statutes (1983). Jail Credit

Jose Nerey v. Florida Commission on Offender Review

164 So. 3d 23, 2015 WL 1578546

District Court of Appeal of Florida | Filed: Apr 16, 2015 | Docket: 2650249

Published

terms to run concurrently. Pursuant to section 947.16(2)(g)3., Florida Statutes, the Commission scheduled

Kayle Barrington Bates v. Secretary, Florida Department of Corrections

Court of Appeals for the Eleventh Circuit | Filed: Sep 5, 2014 | Docket: 2901309

Published

24 months” of that same date. See Fla. Stat. § 947.16(1)(c)-(d) (1983). Had the resentencing jury fixed

Shiflet v. State

84 So. 3d 401, 2012 WL 1019996, 2012 Fla. App. LEXIS 4862

District Court of Appeal of Florida | Filed: Mar 28, 2012 | Docket: 60306724

Published

the first third of that sentence pursuant to section 947.16, Florida Statutes. In this appeal, Shiflet

Conionilli v. State

58 So. 3d 380, 2011 Fla. App. LEXIS 4868, 36 Fla. L. Weekly Fed. D 747

District Court of Appeal of Florida | Filed: Apr 8, 2011 | Docket: 60299340

Published

several years prior to Conionilli’s offense, see § 947.16(l)(d), Fla. Stat. (1983), and that release options

Florida Parole Commission v. Chapman

919 So. 2d 689, 2006 Fla. App. LEXIS 1165, 2006 WL 229552

District Court of Appeal of Florida | Filed: Feb 1, 2006 | Docket: 64842080

Published

parole release date. It did not modify it. While section 947.16(5), Florida Statutes, bars the Commission from

Moore v. State

902 So. 2d 239, 2005 Fla. App. LEXIS 7223, 2005 WL 1162968

District Court of Appeal of Florida | Filed: May 18, 2005 | Docket: 64838406

Published

So.2d 1183 (Fla. 1st DCA 1982). Furthermore, section 947.16(3) of the Florida Statutes (1979), which addresses

Amendments to the Florida Rules of Criminal Procedure

886 So. 2d 197, 29 Fla. L. Weekly Supp. 568, 2004 Fla. LEXIS 1746, 2004 WL 2248209

Supreme Court of Florida | Filed: Oct 7, 2004 | Docket: 64834033

Published

jurisdiction over the defendant pursuant to section 947.16(3), Florida Statutes (1983). Jail Credit _

Roberts v. State

821 So. 2d 1144, 2002 Fla. App. LEXIS 9416, 2002 WL 1429424

District Court of Appeal of Florida | Filed: Jul 3, 2002 | Docket: 64816519

Published

trial court lacked statutory authority under section 947.16(3), Florida Statutes (1981), to retain jurisdiction

Amendments to the Florida Rules of Criminal Procedure

794 So. 2d 457, 2000 Fla. LEXIS 2556, 2000 WL 1637548

Supreme Court of Florida | Filed: Nov 2, 2000 | Docket: 64808411

Published

jurisdiction over the defendant pursuant to section 947.16(3), Florida Statutes (1983). Jail Credit _It

Ferguson v. State

677 So. 2d 968, 1996 Fla. App. LEXIS 8242, 1996 WL 441535

District Court of Appeal of Florida | Filed: Aug 7, 1996 | Docket: 64766491

Published

date.” Ch. 96-422, § 19, Laws of Fla., amending § 947.16, Fla. Stat. Control release will be reactivated

Blackwelder v. State

647 So. 2d 991, 1994 Fla. App. LEXIS 12212, 1994 WL 700670

District Court of Appeal of Florida | Filed: Dec 16, 1994 | Docket: 64753056

Published

sentence for purposes of disapproving parole. See § 947.16(3), Fla.Stat. (1981).2 As a result the circuit

State v. King

629 So. 2d 278, 1993 Fla. App. LEXIS 12347, 1993 WL 523966

District Court of Appeal of Florida | Filed: Dec 17, 1993 | Docket: 64745019

Published

King was under “control release” pursuant to section 947.16, Florida Statutes (1992), but the release was

State v. Johnson

627 So. 2d 98, 1993 Fla. App. LEXIS 11777, 1993 WL 482315

District Court of Appeal of Florida | Filed: Nov 24, 1993 | Docket: 64744273

Published

and not long before they are ever begun. See § 947.16(l)(g), Fla.Stat. (1991). For my taste, there is

Ford v. State

624 So. 2d 863, 1993 Fla. App. LEXIS 10112, 1993 WL 394664

District Court of Appeal of Florida | Filed: Oct 8, 1993 | Docket: 64743119

Published

over one-third of the sentence pursuant to section 947.16, Florida Statutes (1979). If so, the retention

Lang v. State

616 So. 2d 1171, 1993 Fla. App. LEXIS 4348, 1993 WL 116637

District Court of Appeal of Florida | Filed: Apr 16, 1993 | Docket: 64695670

Published

retention at the time of sentencing, contrary to Section 947.16(3), Florida Statutes (Supp. 1982). We affirm

Thomas v. State

611 So. 2d 1324, 1993 Fla. App. LEXIS 72, 1993 WL 5676

District Court of Appeal of Florida | Filed: Jan 12, 1993 | Docket: 64693392

Published

Parole Commission Release Orders Pursuant to Florida Statute 947.16.” The order recited that the cause had

Thompson v. Wade

603 So. 2d 28, 1992 Fla. App. LEXIS 7810, 1992 WL 162305

District Court of Appeal of Florida | Filed: Jul 15, 1992 | Docket: 64669176

Published

over one-third of the sentence pursuant to section 947.16, Florida Statutes (1981). In his direct ap*29peal

In re Amendments to the Florida Rules of Criminal Procedure-Rules 3.140 & 3.986

603 So. 2d 1144, 17 Fla. L. Weekly Supp. 330, 1992 Fla. LEXIS 1039, 1992 WL 110901

Supreme Court of Florida | Filed: May 28, 1992 | Docket: 64669391

Published

*1153Retention of Jurisdiction - The Court pursuant to F.S. 947.16(3) retains jurisdiction over the defendant-for

Williams v. State

592 So. 2d 1199, 1992 Fla. App. LEXIS 490, 1992 WL 10900

District Court of Appeal of Florida | Filed: Jan 17, 1992 | Docket: 64664845

Published

challenge seems to be the changes effected in section 947.16(3)(c), Florida Statutes (1981), by the 1982

Mobley v. State

590 So. 2d 1022, 1991 Fla. App. LEXIS 12310, 1991 WL 262895

District Court of Appeal of Florida | Filed: Dec 13, 1991 | Docket: 64663949

Published

of the consecutive sentences imposed citing section 947.16(3), Florida Statutes (1983). The circuit court’s

Harris v. State

584 So. 2d 104, 1991 Fla. App. LEXIS 7340, 1991 WL 138874

District Court of Appeal of Florida | Filed: Jul 31, 1991 | Docket: 64660825

Published

retention of jurisdiction as required under section 947.16(3), Florida Statutes (1982).1 The trial court

Olmstead v. State

569 So. 2d 868, 1990 Fla. App. LEXIS 8514, 1990 WL 172811

District Court of Appeal of Florida | Filed: Nov 9, 1990 | Docket: 64654317

Published

trial court retained jurisdiction, pursuant to section 947.16(3), Florida Statutes (1981), for ten years

Thompson v. State

564 So. 2d 1189, 1990 Fla. App. LEXIS 5286, 1990 WL 102725

District Court of Appeal of Florida | Filed: Jul 23, 1990 | Docket: 64652008

Published

-087(2), with a retention of jurisdiction under Section 947.16(3), Florida Statutes. Assuming we were to construe

Diaz v. State

563 So. 2d 199, 1990 Fla. App. LEXIS 4586, 1990 WL 88065

District Court of Appeal of Florida | Filed: Jun 26, 1990 | Docket: 64651196

Published

one-third of the defendant’s sentence under section 947.-16(4)(d), Florida Statutes (1985), which, although

Heath v. State

558 So. 2d 165, 1990 Fla. App. LEXIS 1712, 1990 WL 26698

District Court of Appeal of Florida | Filed: Mar 14, 1990 | Docket: 64648784

Published

the total of the consecutive sentences imposed. § 947.16(3), Fla.Stat. (1983); Brown v. State, 458 So.2d

Weller v. State

547 So. 2d 997, 14 Fla. L. Weekly 1904, 1989 Fla. App. LEXIS 4602, 1989 WL 90486

District Court of Appeal of Florida | Filed: Aug 10, 1989 | Docket: 64644455

Published

135(l)(b)3, Florida Statutes (1987). Therefore, section 947.16(2)(g)3 fixes Weller’s initial parole interview

Stewart v. State

546 So. 2d 1193, 14 Fla. L. Weekly 1849, 1989 Fla. App. LEXIS 4457, 1989 WL 87543

District Court of Appeal of Florida | Filed: Aug 4, 1989 | Docket: 64643971

Published

erred in retaining jurisdiction, pursuant to section 947.16(3), F.S. over the first third of his two pre-sentencing

Wemett v. State

547 So. 2d 955, 14 Fla. L. Weekly 1670, 1989 Fla. App. LEXIS 3977, 1989 WL 77497

District Court of Appeal of Florida | Filed: Jul 13, 1989 | Docket: 64644444

Published

jurisdiction for one-third of the sentence. See § 947.16(3), Fla.Stat. (1983). . The court treated the

Bernadini v. State

540 So. 2d 132, 14 Fla. L. Weekly 529, 1989 Fla. App. LEXIS 903, 1989 WL 13616

District Court of Appeal of Florida | Filed: Feb 23, 1989 | Docket: 64641128

Published

Parole and Probation Commission as to parole (see § 947.16(2)(g)) and administrative gain time (§ 944.-276(l)(a))

Duque v. State

526 So. 2d 1079, 13 Fla. L. Weekly 1494, 1988 Fla. App. LEXIS 2672, 1988 WL 63463

District Court of Appeal of Florida | Filed: Jun 24, 1988 | Docket: 64635515

Published

state prison. The trial judge, pursuant to section 947.16(3), Florida Statutes (1981), retained jurisdiction

Hepburn v. State

510 So. 2d 1237, 12 Fla. L. Weekly 2007, 1987 Fla. App. LEXIS 9883

District Court of Appeal of Florida | Filed: Aug 14, 1987 | Docket: 64628814

Published

one-third of his *1238present sentence pursuant to section 947.-16(4), Florida Statutes (1985). If, as Hepburn

Varnes v. State

510 So. 2d 1238, 12 Fla. L. Weekly 2005, 1987 Fla. App. LEXIS 9890

District Court of Appeal of Florida | Filed: Aug 14, 1987 | Docket: 64628815

Published

over one-third of a life sentence pursuant to section 947.16(4), Florida Statutes (1985). We remanded with

McConnell v. State

513 So. 2d 1077, 1987 Fla. App. LEXIS 17365

District Court of Appeal of Florida | Filed: Jul 31, 1987 | Docket: 64630108

Published

his plea without any factual basis and that section 947.16, Florida Statutes (1979), by which the court

Llida v. State

501 So. 2d 162, 12 Fla. L. Weekly 373, 1987 Fla. App. LEXIS 6466

District Court of Appeal of Florida | Filed: Jan 27, 1987 | Docket: 64624416

Published

v. State, 438 So.2d 959 (Fla. 2d DCA 1983); Section 947.16(4) Florida Statutes (1985). Therefore, for

Coban v. State

502 So. 2d 1262, 12 Fla. L. Weekly 643, 1986 Fla. App. LEXIS 11615

District Court of Appeal of Florida | Filed: Dec 30, 1986 | Docket: 64625245

Published

portion of the sentence imposed pursuant to section 947.16, Florida Statutes (1979), the court must either

Famiglietti v. State

499 So. 2d 57, 12 Fla. L. Weekly 132, 1986 Fla. App. LEXIS 11083

District Court of Appeal of Florida | Filed: Dec 24, 1986 | Docket: 64623802

Published

crimes were committed justified application of section 947.16(4), Florida Statutes (1985), and the retention

McCant v. State, Parole & Probation Commission

497 So. 2d 1315, 11 Fla. L. Weekly 2453, 1986 Fla. App. LEXIS 10726

District Court of Appeal of Florida | Filed: Nov 21, 1986 | Docket: 64623236

Published

grant such an interview is discretionary. See § 947.16(2)(f), Fla.Stat. (1985). However, the record*

Jackson v. State

497 So. 2d 962, 1986 Fla. App. LEXIS 10620, 11 Fla. L. Weekly 2390

District Court of Appeal of Florida | Filed: Nov 17, 1986 | Docket: 64623076

Published

for doing so with particularity, according to section 947.16(3)(a), Florida Statutes (1981). The trial court

McLeod v. State

495 So. 2d 867, 11 Fla. L. Weekly 2173, 1986 Fla. App. LEXIS 10147

District Court of Appeal of Florida | Filed: Oct 8, 1986 | Docket: 64622221

Published

the defendant’s life sentence pursuant to section 947.-16(4), Florida Statutes (1985). We hold that the

Johnson v. State

495 So. 2d 830, 11 Fla. L. Weekly 2103, 1986 Fla. App. LEXIS 9949

District Court of Appeal of Florida | Filed: Oct 6, 1986 | Docket: 64622205

Published

the governing statute section 947.16(3), Florida Statutes (1981). Section 947.16(3), which specifies the

Sheley v. Florida Parole & Probation Commission

496 So. 2d 854, 11 Fla. L. Weekly 2050, 1986 Fla. App. LEXIS 9852

District Court of Appeal of Florida | Filed: Sep 25, 1986 | Docket: 64622616

Published

factors. Appellant contends also that under section 947.16(5), Florida Statutes, the Commission may not

Morris v. State

493 So. 2d 19, 1986 Fla. App. LEXIS 9013, 11 Fla. L. Weekly 1625

District Court of Appeal of Florida | Filed: Jul 24, 1986 | Docket: 64621236

Published

actual time of incarceration because of parole. See § 947.16, Fla.Stat. (1985).3 We also *21know that even

Hans v. State

490 So. 2d 1051, 11 Fla. L. Weekly 1481, 1986 Fla. App. LEXIS 8625

District Court of Appeal of Florida | Filed: Jul 2, 1986 | Docket: 64620361

Published

relied in retaining jurisdiction, as required by section 947.16(3), Florida Statutes (1983), and Robinson v

Varnes v. State

489 So. 2d 893, 11 Fla. L. Weekly 1349, 1986 Fla. App. LEXIS 8320

District Court of Appeal of Florida | Filed: Jun 13, 1986 | Docket: 64619941

Published

over one-third of that sentence pursuant to section 947.16(4), Florida Statutes (1985). If this is true

Surace v. Wainwright

637 F. Supp. 460, 1986 U.S. Dist. LEXIS 25988

District Court, S.D. Florida | Filed: May 1, 1986 | Docket: 66168333

Published

was sentenced prior to the effective date of Section 947.16, Florida Statutes, the court’s retention of

Thomas v. State

484 So. 2d 1372, 11 Fla. L. Weekly 680, 1986 Fla. App. LEXIS 7486

District Court of Appeal of Florida | Filed: Mar 18, 1986 | Docket: 64618040

Published

since all of the procedural requirements of section 947.16(3), Florida Statutes (Supp.1982), have now

Priest v. State

483 So. 2d 900, 11 Fla. L. Weekly 572, 1986 Fla. App. LEXIS 6719

District Court of Appeal of Florida | Filed: Mar 7, 1986 | Docket: 64617572

Published

sections 948.01 and 948.03 in pari materia with section 947.16, as they existed in 1979, the supreme court

Florida Parole & Probation Commission v. Cunard

490 So. 2d 88, 11 Fla. L. Weekly 397, 1986 Fla. App. LEXIS 6376

District Court of Appeal of Florida | Filed: Feb 12, 1986 | Docket: 64620168

Published

based its denial of parole in this instance on Section 947.16(4), in that the Commission considered that

Cook v. State

481 So. 2d 1285, 11 Fla. L. Weekly 269

District Court of Appeal of Florida | Filed: Jan 22, 1986 | Docket: 548899

Published

Turning to the validity of the sentence vel non, section 947.16(3), Florida Statutes (1981), provides in pertinent

Bearden v. State

481 So. 2d 542, 11 Fla. L. Weekly 170, 1986 Fla. App. LEXIS 5841

District Court of Appeal of Florida | Filed: Jan 8, 1986 | Docket: 64616637

Published

one-third of the total consecutive sentences imposed. § 947.16(3), Fla. Stat. (1983); Martin v. State, 452 So

Faircloth v. State

479 So. 2d 779, 10 Fla. L. Weekly 2552, 1985 Fla. App. LEXIS 16705

District Court of Appeal of Florida | Filed: Nov 13, 1985 | Docket: 64616042

Published

over one-third of his sentence was improper. Section 947.16(3), Florida Statutes (1983), authorizes retention

Sanford v. State

476 So. 2d 314, 10 Fla. L. Weekly 2328, 1985 Fla. App. LEXIS 16260

District Court of Appeal of Florida | Filed: Oct 10, 1985 | Docket: 64614529

Published

of each of the sentences imposed pursuant to Section 947.16(3), Florida Statutes (1981). The trial court

Surace v. State

476 So. 2d 297, 10 Fla. L. Weekly 2315, 1985 Fla. App. LEXIS 16189

District Court of Appeal of Florida | Filed: Oct 8, 1985 | Docket: 64614520

Published

was sentenced prior to the effective date of section 947.16, Florida Statutes (Supp. 1978), which authorizes

Dodd v. State

475 So. 2d 310, 10 Fla. L. Weekly 2189, 1985 Fla. App. LEXIS 15933

District Court of Appeal of Florida | Filed: Sep 18, 1985 | Docket: 64614095

Published

jurisdiction over defendant’s sentence pursuant to section 947.16(3), Florida Statutes (1983). The basis of the

Ehmke v. State

478 So. 2d 358, 10 Fla. L. Weekly 2193, 1985 Fla. App. LEXIS 15934

District Court of Appeal of Florida | Filed: Sep 18, 1985 | Docket: 64615460

Published

jurisdiction over defendant’s sentence pursuant to section 947.16(3), Florida Statutes (1983). The basis of the

Connolly v. State

474 So. 2d 912, 10 Fla. L. Weekly 2044, 1985 Fla. App. LEXIS 15650

District Court of Appeal of Florida | Filed: Aug 30, 1985 | Docket: 64613812

Published

years over each of *914these sentences under section 947.16(3), Florida Statutes (1983). He also imposed

Bell v. Florida Parole & Probation Commission

473 So. 2d 23, 10 Fla. L. Weekly 1801

District Court of Appeal of Florida | Filed: Jul 24, 1985 | Docket: 64613304

Published

available at the time of the initial interview. § 947.16(4), Fla.Stat. (1983). GLICKSTEIN and WALDEN, JJ

Moore v. Wainwright

469 So. 2d 882, 10 Fla. L. Weekly 1211, 1985 Fla. App. LEXIS 14285

District Court of Appeal of Florida | Filed: May 14, 1985 | Docket: 64612246

Published

The court should address the issue of whether section 947.16, Florida Statutes (1983), was correctly interpreted

Ross v. State

468 So. 2d 1030, 10 Fla. L. Weekly 1039, 1985 Fla. App. LEXIS 13612

District Court of Appeal of Florida | Filed: Apr 24, 1985 | Docket: 64611960

Published

justifying the retention of jurisdiction pursuant to Section 947.16(3)(a), Florida Statutes (1981). Accordingly

Weaver v. State

466 So. 2d 1196, 10 Fla. L. Weekly 903, 1985 Fla. App. LEXIS 13343

District Court of Appeal of Florida | Filed: Apr 9, 1985 | Docket: 64611171

Published

than, as now appears, one-half of each sentence. § 947.16(3), Fla.Stat. (Supp.1982). See Brown v. State

Senczyszyn v. State

467 So. 2d 1044, 10 Fla. L. Weekly 831, 1985 Fla. App. LEXIS 13207

District Court of Appeal of Florida | Filed: Mar 29, 1985 | Docket: 64611547

Published

jurisdiction over her sentence pursuant to section 947.-16(3), Florida Statutes (1983). The purpose of

Jenkins v. State

466 So. 2d 1068, 10 Fla. L. Weekly 187, 1985 Fla. LEXIS 2990

Supreme Court of Florida | Filed: Mar 28, 1985 | Docket: 64611146

Published

applicable to retention of jurisdiction pursuant to section 947.16(3), Florida Statutes (1983). Failure to object

Coward v. State

465 So. 2d 641, 10 Fla. L. Weekly 768, 1985 Fla. App. LEXIS 13049

District Court of Appeal of Florida | Filed: Mar 22, 1985 | Docket: 64610718

Published

over one-third of the defendant’s term under section 947.16(3), Florida Statutes (1983). A trial court

Mobley v. State

473 So. 2d 692, 10 Fla. L. Weekly 741, 1985 Fla. App. LEXIS 12995

District Court of Appeal of Florida | Filed: Mar 20, 1985 | Docket: 64613473

Published

objection, “where a court imposes a life sentence, Section 947.16(3) [retention of jurisdiction] is inoperable

Barnes v. State

464 So. 2d 1333, 10 Fla. L. Weekly 707, 1985 Fla. App. LEXIS 12971

District Court of Appeal of Florida | Filed: Mar 15, 1985 | Docket: 64610478

Published

the trial court could retain jurisdiction. See § 947.16(3), Fla.Stat. (1983). Accordingly, the case is

Snow v. State

464 So. 2d 1313, 10 Fla. L. Weekly 645, 1985 Fla. App. LEXIS 13005

District Court of Appeal of Florida | Filed: Mar 13, 1985 | Docket: 64610470

Published

determine whether the trial court complied with Section 947.-16(3)(a), Florida Statutes (1981). The trial court

Adams v. State

462 So. 2d 884, 10 Fla. L. Weekly 289, 1985 Fla. App. LEXIS 12079

District Court of Appeal of Florida | Filed: Feb 1, 1985 | Docket: 64609561

Published

justifications for so doing as required by Section 947.16(3)(a), Florida Statutes. The trial judge denied

Bond v. State

462 So. 2d 882, 10 Fla. L. Weekly 290, 1985 Fla. App. LEXIS 12081

District Court of Appeal of Florida | Filed: Feb 1, 1985 | Docket: 64609559

Published

jurisdiction on the handling and fondling charge. Section 947.16(3) limits the trial court’s retention of jurisdiction

Cochran v. State

468 So. 2d 248, 10 Fla. L. Weekly 294, 1985 Fla. App. LEXIS 12074

District Court of Appeal of Florida | Filed: Jan 30, 1985 | Docket: 64611715

Published

the effective date of the 1982 amendment to section 947.16, Florida Statutes (1983), increasing from one-third

Stacey v. State

461 So. 2d 1000, 10 Fla. L. Weekly 64, 1984 Fla. App. LEXIS 16292

District Court of Appeal of Florida | Filed: Dec 20, 1984 | Docket: 64609170

Published

was committed before the effective date of Section 947.-16(3), Florida Statutes (Supp.1978), the law allowing

Clark v. Wainwright

461 So. 2d 998, 10 Fla. L. Weekly 45, 1984 Fla. App. LEXIS 16343

District Court of Appeal of Florida | Filed: Dec 20, 1984 | Docket: 64609168

Published

contends the Commission's actions violated Section 947.16(4), Florida Statutes (1983), providing that

Coleman v. State

460 So. 2d 578, 10 Fla. L. Weekly 26, 1984 Fla. App. LEXIS 16451

District Court of Appeal of Florida | Filed: Dec 19, 1984 | Docket: 64608664

Published

jurisdiction over one-half of his sentence under section 947.16(3), Florida Statutes (Supp.1982),1 because

Brown v. State

460 So. 2d 988, 10 Fla. L. Weekly 50, 1984 Fla. App. LEXIS 16698

District Court of Appeal of Florida | Filed: Dec 19, 1984 | Docket: 64608786

Published

of the maximum sentence imposed” pursuant to Section 947.16(3), Florida Statutes (1983), of a life sentence

Brown v. State

458 So. 2d 1216, 9 Fla. L. Weekly 2404, 1984 Fla. App. LEXIS 16575

District Court of Appeal of Florida | Filed: Nov 16, 1984 | Docket: 64608187

Published

remand for correction of the sentences imposed. Section 947.16(3), Florida Statutes, provides for the retention

Hans v. State

462 So. 2d 22, 9 Fla. L. Weekly 2219, 1984 Fla. App. LEXIS 15589

District Court of Appeal of Florida | Filed: Oct 17, 1984 | Docket: 64609228

Published

relied in retaining jurisdiction, as required by Section 947.16(3)(a), Florida Statutes (1983), and Robinson

Montoya v. State

458 So. 2d 341, 9 Fla. L. Weekly 2165, 1984 Fla. App. LEXIS 15394

District Court of Appeal of Florida | Filed: Oct 11, 1984 | Docket: 64607808

Published

authority of the April 21, 1982, amendment to section 947.16(8), Florida Statutes (Supp.1982). It is irrelevant

Buxton v. State

462 So. 2d 16, 10 Fla. L. Weekly 35, 1984 Fla. App. LEXIS 15257

District Court of Appeal of Florida | Filed: Oct 2, 1984 | Docket: 64609223

Published

court, in retaining jurisdiction pursuant to Section 947.16(3), Florida Statutes (1979), failed to state

Crews v. State

456 So. 2d 959, 9 Fla. L. Weekly 2061, 1984 Fla. App. LEXIS 15235

District Court of Appeal of Florida | Filed: Sep 27, 1984 | Docket: 64607097

Published

maximum period of one-third of any sentence. Section 947.16(3), Florida Statutes (1983). The State’s contention

Zatler v. State

457 So. 2d 1083, 9 Fla. L. Weekly 1935, 1984 Fla. App. LEXIS 14977

District Court of Appeal of Florida | Filed: Sep 13, 1984 | Docket: 64607513

Published

available at the time of the initial interview, section 947.16(4), Florida Statutes.3 See Moats v. Florida

Dobbs v. State

454 So. 2d 73, 9 Fla. L. Weekly 1793, 1984 Fla. App. LEXIS 14683

District Court of Appeal of Florida | Filed: Aug 16, 1984 | Docket: 64606366

Published

with individual particularity as required by section 947.16(3)(a), Florida Statutes (1983). The defendant

Ivey v. State

453 So. 2d 540, 9 Fla. L. Weekly 1705, 1984 Fla. App. LEXIS 13985

District Court of Appeal of Florida | Filed: Aug 3, 1984 | Docket: 64606147

Published

jurisdiction over one-half of appellant’s sentence. Section 947.16(3), Florida Statutes (1983) was amended to

State v. Watson

453 So. 2d 810, 1984 Fla. LEXIS 3271

Supreme Court of Florida | Filed: Jul 19, 1984 | Docket: 64606203

Published

13(2)(a), Florida Statutes (1981). According to section 947.16(3), Florida Statutes (1981), the trial court

Hayes v. State

452 So. 2d 656, 1984 Fla. App. LEXIS 14068

District Court of Appeal of Florida | Filed: Jul 11, 1984 | Docket: 64605779

Published

one-half of the sentence imposed pursuant to section 947.16(3), Florida Statutes (Supp.1982), which was

Bowers v. State

452 So. 2d 146, 1984 Fla. App. LEXIS 13781

District Court of Appeal of Florida | Filed: Jun 27, 1984 | Docket: 64605645

Published

the of-fencse involved in case No. 81-1121, section 947.16(3), Florida Statutes (1981), provided that

Parson v. State

450 So. 2d 924

District Court of Appeal of Florida | Filed: Jun 13, 1984 | Docket: 2585477

Published

one-half of the total consecutive sentences imposed. § 947.16(3), Fla. Stat. (1982 Supp.); Goree v. State, 411

Ago

Florida Attorney General Reports | Filed: Mar 26, 1984 | Docket: 3258162

Published

WHICH HE IS OTHERWISE ELIGIBLE FOR PAROLE UNDER SECTION 947.16(1), F.S.? Your question involves a determination

Cooper v. State

445 So. 2d 698, 1984 Fla. App. LEXIS 11894

District Court of Appeal of Florida | Filed: Feb 24, 1984 | Docket: 64603048

Published

over one-third of his sentence pursuant to section 947.16(3), Florida Statutes (Supp.1982). Cooper contends

Murray v. State

444 So. 2d 1154, 1984 Fla. App. LEXIS 11713

District Court of Appeal of Florida | Filed: Feb 10, 1984 | Docket: 64602609

Published

to acceptance of the guilty plea, (2) that section 947.16, Florida Statutes (Supp.1982), permitting retention

Mrozowski v. State

444 So. 2d 587, 1984 Fla. App. LEXIS 11569

District Court of Appeal of Florida | Filed: Feb 3, 1984 | Docket: 64602461

Published

over one-half of his sentence, pursuant to section 947.16(3) Florida Statutes (Supp. 1982). Mrozowski

Ashley v. State

445 So. 2d 360, 1984 Fla. App. LEXIS 11537

District Court of Appeal of Florida | Filed: Jan 24, 1984 | Docket: 64602855

Published

decision to parole the defendant pursuant to Section 947.16(3), Florida Statutes (1981) is reversed, as

Stafford v. State

440 So. 2d 55, 1983 Fla. App. LEXIS 23613

District Court of Appeal of Florida | Filed: Nov 9, 1983 | Docket: 64600500

Published

However, it retained jurisdiction pursuant to section 947.16, Florida Statutes (1981), without stating the

Woodson v. State

439 So. 2d 976, 1983 Fla. App. LEXIS 25300

District Court of Appeal of Florida | Filed: Oct 25, 1983 | Docket: 64600291

Published

period of time. This the trial court may not do. Section 947.16(3), Florida Statutes (1981), the statute in

Maddox v. State

438 So. 2d 959, 1983 Fla. App. LEXIS 22393

District Court of Appeal of Florida | Filed: Oct 5, 1983 | Docket: 64600013

Published

first half of both thirty-year sentences.1 Section 947.-16(3), Florida Statutes (Supp.1982), provides

Sutton v. State

437 So. 2d 797, 1983 Fla. App. LEXIS 23650

District Court of Appeal of Florida | Filed: Sep 21, 1983 | Docket: 64599506

Published

jurisdiction to fifteen years in accordance with Section 947.16(3), Florida Statutes (1981). AFFIRMED IN PART:

Veri v. Florida Parole & Probation Commission

436 So. 2d 348, 1983 Fla. App. LEXIS 20127

District Court of Appeal of Florida | Filed: Aug 12, 1983 | Docket: 64599091

Published

of his confinement in execution of judgment, Section 947.16(1), Florida Statutes, and was interviewed under

Williams v. State

435 So. 2d 882, 1983 Fla. App. LEXIS 19884

District Court of Appeal of Florida | Filed: Jul 12, 1983 | Docket: 64598819

Published

court’s retention of jurisdiction is unlawful, see § 947.16(3)(a), Fla.Stat. (1981); Rosa v. State, 412 So

Shofner v. State

433 So. 2d 657, 1983 Fla. App. LEXIS 19723

District Court of Appeal of Florida | Filed: Jun 27, 1983 | Docket: 64597858

Published

first one-third of the sentence pursuant to Section 947.16, Florida Statutes (1981). However, the trial

Lobo v. Florida Parole & Probation Commission

433 So. 2d 622, 1983 Fla. App. LEXIS 20091

District Court of Appeal of Florida | Filed: Jun 22, 1983 | Docket: 64597842

Published

discretion of the Parole and Probation Commission, § 947.-16 Fla.Stat. (1977). Pursuant to § 947.-165 Fla.Stat

Fairweather v. State

432 So. 2d 688, 1983 Fla. App. LEXIS 19485

District Court of Appeal of Florida | Filed: Jun 3, 1983 | Docket: 64597418

Published

jurisdiction over a portion of a sentence pursuant to section 947.16, Florida Statutes (1981), he must, in determining

Redding v. State

431 So. 2d 706, 1983 Fla. App. LEXIS 19397

District Court of Appeal of Florida | Filed: May 20, 1983 | Docket: 64597082

Published

years. At the time appellant was sentenced, section 947.16(3), Florida Statutes (Supp.1982), provided

Anderson v. State

431 So. 2d 249, 1983 Fla. App. LEXIS 20714

District Court of Appeal of Florida | Filed: May 9, 1983 | Docket: 64596948

Published

not agree. Retention of jurisdiction under Section 947.16(3), Florida Statutes (1981) has been upheld

McClellan v. State

434 So. 2d 1, 1983 Fla. App. LEXIS 19250

District Court of Appeal of Florida | Filed: Apr 29, 1983 | Docket: 64598082

Published

first third of the maximum sentence imposed. Section 947.16(3), Florida Statutes (1981). See Williams v

Marquez v. State

431 So. 2d 618, 1983 Fla. App. LEXIS 18971

District Court of Appeal of Florida | Filed: Apr 8, 1983 | Docket: 64597061

Published

consecutive to the other sentences. Pursuant to section 947.16(3), Florida Statutes (1981), the court retained

McIntyre v. State

427 So. 2d 1108, 1983 Fla. App. LEXIS 18860

District Court of Appeal of Florida | Filed: Mar 15, 1983 | Docket: 64595545

Published

charges of kidnapping and aggravated battery. Section 947.16, Florida Statutes (1981). Since the record

Farber v. Florida Parole & Probation Commission

427 So. 2d 1016, 1983 Fla. App. LEXIS 18648

District Court of Appeal of Florida | Filed: Feb 14, 1983 | Docket: 64595518

Published

confinement, most would be assigned such a date. § 947.16(1), Fla.Stat. (1981). Once established, the date

Rolle v. Florida Parole & Probation Commission

426 So. 2d 1082, 1983 Fla. App. LEXIS 18522

District Court of Appeal of Florida | Filed: Jan 27, 1983 | Docket: 64595107

Published

sentenced to a total term of 5 years and 58 days, § 947.16(1), Fla.Stat. requires that he be given an initial

Hernandez v. State

425 So. 2d 213, 1983 Fla. App. LEXIS 18772

District Court of Appeal of Florida | Filed: Jan 19, 1983 | Docket: 64594673

Published

statement of its findings of fact under Florida Statute 947.16(3)(a) (1981), but defendant did not object

Dickerson v. State

427 So. 2d 205, 1983 Fla. App. LEXIS 19110

District Court of Appeal of Florida | Filed: Jan 14, 1983 | Docket: 64595246

Published

entering offense pursuant to the authority of section 947.-16(3), Florida Statutes (1981). That statute was

Crotzer v. State

425 So. 2d 159, 1983 Fla. App. LEXIS 18439

District Court of Appeal of Florida | Filed: Jan 5, 1983 | Docket: 64594644

Published

robbery conviction, must be stricken, since section 947.16(3), Florida Statutes (1981), which.permits

Miller v. State

424 So. 2d 207, 1983 Fla. App. LEXIS 18447

District Court of Appeal of Florida | Filed: Jan 5, 1983 | Docket: 64594418

Published

justification for retaining jurisdiction as required by section 947.16(3)(a), Florida Statutes (1981). Hernandez v

Tackett v. State

423 So. 2d 986, 1982 Fla. App. LEXIS 28597

District Court of Appeal of Florida | Filed: Dec 28, 1982 | Docket: 64594095

Published

the parties agree, the order entered under Section 947.16(3), Fla. Stat. (1981) should be corrected after

Johnson v. State

423 So. 2d 497, 1982 Fla. App. LEXIS 21882

District Court of Appeal of Florida | Filed: Dec 14, 1982 | Docket: 64593962

Published

the time of sentencing in accordance with Section 947.-16(3), Florida Statutes (1979)1 and Hayes v. State

Wright v. State

425 So. 2d 64, 1982 Fla. App. LEXIS 21748

District Court of Appeal of Florida | Filed: Dec 10, 1982 | Docket: 64594623

Published

with individual particularity, as required by Section 947.16(3)(a), Florida Statutes (1981). Hernandez v

Hernandez v. State

421 So. 2d 1102

District Court of Appeal of Florida | Filed: Nov 10, 1982 | Docket: 64593319

Published

with individual particularity as required by section 947.16(3)(a), Florida Statutes (1979). GRIMES, A.C

Hernandez v. State

421 So. 2d 1102, 1982 Fla. App. LEXIS 28199

District Court of Appeal of Florida | Filed: Nov 10, 1982 | Docket: 64593318

Published

with individual particularity as required by section 947.16(3)(a), Florida Statutes (1979). GRIMES, A.C

Sellers v. State

421 So. 2d 782, 1982 Fla. App. LEXIS 21564

District Court of Appeal of Florida | Filed: Nov 10, 1982 | Docket: 64593165

Published

sentence. The sole issue before us is whether section 947.16(3), Florida Statutes (1981) is unconstitutional

Wright v. Florida Parole & Probation Commission

420 So. 2d 902, 1982 Fla. App. LEXIS 21433

District Court of Appeal of Florida | Filed: Oct 19, 1982 | Docket: 64592726

Published

was within the discretion of the Commission. Section 947.16, Florida Statutes (1975). Therefore, there

Bundy v. Florida Parole & Probation Commission

419 So. 2d 1181, 1982 Fla. App. LEXIS 21317

District Court of Appeal of Florida | Filed: Oct 6, 1982 | Docket: 64592263

Published

first third of the maximum sentence imposed, Section 947.-16(3), Florida Statutes, yet chose not to do so

Yero v. State

420 So. 2d 338, 1982 Fla. App. LEXIS 21352

District Court of Appeal of Florida | Filed: Oct 5, 1982 | Docket: 64592512

Published

Commission release order under the provision of Section 947.16, Florida Statutes. After being fully advised

Moats v. Florida Parole & Probation Commission

419 So. 2d 775, 1982 Fla. App. LEXIS 21233

District Court of Appeal of Florida | Filed: Sep 23, 1982 | Docket: 64592183

Published

available at the time of the initial interview (Section 947.16(4)).2 In defense of its actions, the Commission

Hampton v. State

419 So. 2d 354, 1982 Fla. App. LEXIS 21540

District Court of Appeal of Florida | Filed: Sep 8, 1982 | Docket: 64592064

Published

never submitted to the court for signature. Section 947.16(3)(a), Florida Statutes (1981), clearly requires

Kendrick v. State

418 So. 2d 465, 1982 Fla. App. LEXIS 20986

District Court of Appeal of Florida | Filed: Aug 25, 1982 | Docket: 64591820

Published

over one third of the appellant’s sentence. Section 947.16(3)(a), Florida Statutes (1981), requires that

Mathis v. State

417 So. 2d 1178, 1982 Fla. App. LEXIS 20921

District Court of Appeal of Florida | Filed: Aug 18, 1982 | Docket: 64591678

Published

human being is present and/or sexual battery. § 947.16(3), Florida Statutes (1981). However, in retaining

Brisco v. State

417 So. 2d 833, 1982 Fla. App. LEXIS 20716

District Court of Appeal of Florida | Filed: Aug 6, 1982 | Docket: 64591551

Published

over one-third of the appellant’s sentence. Section 947.16(3)(a), Florida Statutes (1981), requires that

Robinson v. State

417 So. 2d 321, 1982 Fla. App. LEXIS 28859

District Court of Appeal of Florida | Filed: Jul 28, 1982 | Docket: 64591384

Published

appellant’s sentence for purposes of parole review. Section 947.16(3)(a), Florida Statutes (1981); Mobley v. State

McClain v. FLA. PAROLE & PROBATION COM'N

416 So. 2d 1209

District Court of Appeal of Florida | Filed: Jul 16, 1982 | Docket: 1225284

Published

Commission for subsequent reviews, pursuant to § 947.16(4), Fla. Stat. (1981),[1] alleging that they had

Dixon v. State

415 So. 2d 78, 1982 Fla. App. LEXIS 20786

District Court of Appeal of Florida | Filed: Jun 9, 1982 | Docket: 64590539

Published

first one-third of the sentence, pursuant to Section 947.16(3)(a), Florida Statutes (1979). From that sentence

Scott v. State

414 So. 2d 1162, 1982 Fla. App. LEXIS 20261

District Court of Appeal of Florida | Filed: Jun 8, 1982 | Docket: 64590438

Published

serving *1163a criminal sentence pursuant to Section 947.16 Fla.Stat. (Supp.1978). The crimes of which

Neal v. State

414 So. 2d 1146, 1982 Fla. App. LEXIS 20240

District Court of Appeal of Florida | Filed: Jun 8, 1982 | Docket: 64590426

Published

over one-third of defendant Neal’s sentence. Section 947.16(3), Florida Statutes (1979) provides that “at

Hayes v. Florida Parole & Probation Commission

414 So. 2d 648, 1982 Fla. App. LEXIS 20163

District Court of Appeal of Florida | Filed: Jun 2, 1982 | Docket: 64590294

Published

Department of Corrections on October 11, 1981. Section 947.-16(1), Fla.Stat.(1981), requires the Florida Parole

Sheppard v. State

414 So. 2d 281, 1982 Fla. App. LEXIS 28987

District Court of Appeal of Florida | Filed: May 26, 1982 | Docket: 64590102

Published

See Alvarez v. State, 358 So.2d 10 (Fla.1978); § 947.16, Florida Statutes. BOOTH, WENTWORTH and WIGGIN-TON

Swain v. Florida Parole & Probation Commission

414 So. 2d 1100

District Court of Appeal of Florida | Filed: May 21, 1982 | Docket: 64590410

Published

invalidated one of appellant’s convictions. See § 947.16(4), Fla.Stat. (1981). ROBERT P. SMITH, Jr., C

Wilson v. State

414 So. 2d 512, 1982 Fla. LEXIS 2423

Supreme Court of Florida | Filed: May 13, 1982 | Docket: 64590239

Published

for one-third of the sentences pursuant to section 947.16(3), Florida Statutes (1979). While so doing

Griffin v. State

414 So. 2d 17, 1982 Fla. App. LEXIS 20026

District Court of Appeal of Florida | Filed: May 12, 1982 | Docket: 64590008

Published

Parole Commission Release Order Pursuant to Florida Statute 947.16.” The trial court lost the chance to properly

Oliver v. State

414 So. 2d 1087, 1982 Fla. App. LEXIS 19955

District Court of Appeal of Florida | Filed: May 5, 1982 | Docket: 64590407

Published

State, 400 So.2d 1015, 1016 (Fla.2d DCA 1981); § 947.16(3), Fla.Stat. (1981). SCHEB, C. J., and OTT and

Gerlock v. Florida Parole & Probation Commission

411 So. 2d 1386, 1982 Fla. App. LEXIS 19747

District Court of Appeal of Florida | Filed: Apr 7, 1982 | Docket: 64588984

Published

initial interview.” Section 947.16(4). Additionally, we are of the view that Section 947.16(4) should be considered

Thomas v. State

409 So. 2d 1185, 1982 Fla. App. LEXIS 19297

District Court of Appeal of Florida | Filed: Feb 17, 1982 | Docket: 64587992

Published

year sentence for third-degree murder under Section 947.16(3), Florida Statutes (1979) are similarly without

Purnell v. Florida Parole & Probation Commission

409 So. 2d 1122, 1982 Fla. App. LEXIS 19157

District Court of Appeal of Florida | Filed: Feb 9, 1982 | Docket: 64587949

Published

within 45 days of his initial parole interview. See § 947.16(4), Florida Statutes. Accordingly, the petitioner

Schultz v. State

411 So. 2d 892, 1982 Fla. App. LEXIS 19160

District Court of Appeal of Florida | Filed: Feb 3, 1982 | Docket: 64588851

Published

of appellant’s 99 year sentence, pursuant to section 947.16(3), Florida Statutes (1979). However, the trial

Burley v. State

408 So. 2d 830, 1982 Fla. App. LEXIS 19007

District Court of Appeal of Florida | Filed: Jan 20, 1982 | Docket: 64587357

Published

PER CURIAM. Section 947.16(3), Florida Statutes (1979), which authorizes a sentencing judge to retain

Hall v. Florida Parole & Probation Commission

408 So. 2d 1076, 1982 Fla. App. LEXIS 18881

District Court of Appeal of Florida | Filed: Jan 14, 1982 | Docket: 64587401

Published

here on the merits of prior final agency action. § 947.16(4), § 947.-174(2), Florida Statutes. The motion

McRae v. State

408 So. 2d 775, 1982 Fla. App. LEXIS 18974

District Court of Appeal of Florida | Filed: Jan 13, 1982 | Docket: 64587331

Published

one-third of appellant’s sentence pursuant to section 947.-16(3), Florida Statutes (1979). In Williams v

Burwick v. State

408 So. 2d 722, 1982 Fla. App. LEXIS 18897

District Court of Appeal of Florida | Filed: Jan 12, 1982 | Docket: 64587320

Published

Burwick’s attack on the constitutionality of Section 947.16. See Arnett v. State, 397 So.2d 330 (Fla. 1st

Young v. State

406 So. 2d 1249, 1981 Fla. App. LEXIS 21803

District Court of Appeal of Florida | Filed: Dec 8, 1981 | Docket: 64586656

Published

erroneously failed to follow the requirements of Section 947.16(3)(a), Florida Statutes (1979) in entering

Gladon v. State

406 So. 2d 1219, 1981 Fla. App. LEXIS 21772

District Court of Appeal of Florida | Filed: Dec 2, 1981 | Docket: 64586634

Published

appellant’s sentence, pursuant to the terms of Section 947.16(3), Florida Statutes (1979). On appeal appellant

Sellers v. State

406 So. 2d 75, 1981 Fla. App. LEXIS 21667

District Court of Appeal of Florida | Filed: Nov 18, 1981 | Docket: 64586217

Published

specify his reasons therefor as mandated by section 947.16(3), Florida Statutes (1979). Accordingly, the

Hull v. State

405 So. 2d 1079, 1981 Fla. App. LEXIS 21666

District Court of Appeal of Florida | Filed: Nov 18, 1981 | Docket: 64586092

Published

retaining such jurisdiction as required by section 947.-16(3), Florida Statutes (1979). SCHEB, C. J.,

Smith v. State

405 So. 2d 762, 1981 Fla. App. LEXIS 21528

District Court of Appeal of Florida | Filed: Nov 3, 1981 | Docket: 64585994

Published

parole commission release order, pursuant to Section 947.16(3), Florida Statutes (1978). For the first

Smith v. State

405 So. 2d 762, 1981 Fla. App. LEXIS 21528

District Court of Appeal of Florida | Filed: Nov 3, 1981 | Docket: 64585994

Published

parole commission release order, pursuant to Section 947.16(3), Florida Statutes (1978). For the first

Whigham v. State

404 So. 2d 858, 1981 Fla. App. LEXIS 21277

District Court of Appeal of Florida | Filed: Oct 16, 1981 | Docket: 64585530

Published

sentence imposed for the most serious felony. Section 947.16(3). Accordingly, this cause is remanded to

Arline v. State

434 So. 2d 907, 1981 Fla. App. LEXIS 22143

District Court of Appeal of Florida | Filed: Sep 30, 1981 | Docket: 64598331

Published

retaining such jurisdiction as is required by section 947.16(3), Florida Statutes (1979). SCHEB, C.J., and

Dominguez v. State

405 So. 2d 736, 1981 Fla. App. LEXIS 21205

District Court of Appeal of Florida | Filed: Sep 30, 1981 | Docket: 64585987

Published

the first third of his sentence pursuant to section 947.16, Florida Statutes (Supp.1978). Appellant was

Simmons v. State

403 So. 2d 626, 1981 Fla. App. LEXIS 21073

District Court of Appeal of Florida | Filed: Sep 16, 1981 | Docket: 64585050

Published

retaining such jurisdiction as is required by section 947.16(3), Florida Statutes (1979). BOARDMAN, Acting

Rogers v. State

403 So. 2d 548, 1981 Fla. App. LEXIS 21626

District Court of Appeal of Florida | Filed: Sep 4, 1981 | Docket: 64585003

Published

prior to June 19, 1978, the effective date of section 947.16(3) Florida Statutes (Supp.1978). Rodriguez

Stroemer v. State

410 So. 2d 1350, 1981 Fla. App. LEXIS 20875

District Court of Appeal of Florida | Filed: Aug 21, 1981 | Docket: 64588546

Published

the first third of each sentence pursuant to section 947.16, Florida Statutes (1978). We reverse the retention

Fairweather v. State

400 So. 2d 1279, 1981 Fla. App. LEXIS 20277

District Court of Appeal of Florida | Filed: Jun 25, 1981 | Docket: 64583877

Published

appellant’s challenge to the trial court’s finding that § 947.16, Florida Statutes, is constitutional and we find

Miller v. State

399 So. 2d 472, 1981 Fla. App. LEXIS 20009

District Court of Appeal of Florida | Filed: Jun 3, 1981 | Docket: 64583040

Published

first one-third of the sentence pursuant to section 947.16(3), Florida Statutes (1979). This statute became

Jacobs v. State

399 So. 2d 97, 1981 Fla. App. LEXIS 19978

District Court of Appeal of Florida | Filed: May 28, 1981 | Docket: 64582950

Published

Probation Commission release order pursuant to Section 947.16(3), Florida Statutes (Supp.1978). Jacobs then

Knight v. State

398 So. 2d 833, 1981 Fla. App. LEXIS 19952

District Court of Appeal of Florida | Filed: May 27, 1981 | Docket: 64582788

Published

first one-third of the sentence pursuant to section 947.16(3), Florida Statutes (1979). The court entered

Prince v. State

398 So. 2d 976, 1981 Fla. App. LEXIS 19749

District Court of Appeal of Florida | Filed: May 13, 1981 | Docket: 64582823

Published

judge’s retention of jurisdiction, pursuant to Section 947.16(3) Florida Statutes, for review of any parole

Johnson v. State

391 So. 2d 781, 1980 Fla. App. LEXIS 17960

District Court of Appeal of Florida | Filed: Dec 31, 1980 | Docket: 64579406

Published

imposed. The reservation of jurisdiction under Section 947.16(3), Florida Statutes (1979), is stricken from

Chatman v. State

393 So. 2d 557, 1980 Fla. App. LEXIS 17626

District Court of Appeal of Florida | Filed: Nov 19, 1980 | Docket: 64580173

Published

without prejudice to appellant to challenge Section 947.16(3), Florida Statutes (1979) in any post-conviction

Bilyou v. State

381 So. 2d 756, 1980 Fla. App. LEXIS 15853

District Court of Appeal of Florida | Filed: Apr 2, 1980 | Docket: 64575177

Published

of the sentence pursuant to the provision of section 947.16(3), Florida Statutes (Supp.1978). In this appeal

Williams v. State

378 So. 2d 837, 1979 Fla. App. LEXIS 16260

District Court of Appeal of Florida | Filed: Dec 12, 1979 | Docket: 64573690

Published

is the constitutionality of Florida Statute, Section 947.16(3), which allows trial courts to retain jurisdiction

Ago

Florida Attorney General Reports | Filed: Jun 7, 1979 | Docket: 3258278

Published

confined inmates within the prescribed times. Section 947.16(1), F. S., as amended. You did not specify

Ago

Florida Attorney General Reports | Filed: Feb 21, 1978 | Docket: 3256081

Published

first question is answered in the affirmative. Section 947.16(1), F. S., as amended by s. 88 of Ch. 77-120

Ago

Florida Attorney General Reports | Filed: Sep 19, 1974 | Docket: 3257322

Published

at the time of sentencing. AS TO QUESTION 2: Section 947.16, F.S., as amended by s. 2 of Ch. 74-122, Laws

Owens v. State

294 So. 2d 693, 1974 Fla. App. LEXIS 7282

District Court of Appeal of Florida | Filed: May 22, 1974 | Docket: 64538987

Published

consideration by the commission for parole. . . . (Section 947.16(1), Florida Statutes, 'F. S.A.; emphasis supplied)

Warncke v. State

247 So. 2d 27, 1971 Fla. App. LEXIS 6597

District Court of Appeal of Florida | Filed: Apr 16, 1971 | Docket: 64519925

Published

had he been given a life sentence. See Fla.Stat. § 947.16(1) (1969). Thus we find no error. There is one