MICHAEL T. FREDRICK v. STATE OF FLORIDA

Annotate this Case

Download PDF

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA MICHAEL T. FREDRICK, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D11-4226 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed March 14, 2012. An appeal from the Circuit Court for Wakulla County. N. Sanders Sauls, Judge. Michael T. Fredrick, pro se, Appellant. Pamela Jo Bondi, Attorney General, and Trisha Meggs Pate, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. The appellant filed a rule 3.800(a) motion arguing that the trial court improperly retained jurisdiction over half of his sentences when it had no authority to retain jurisdiction over more than a third of his sentences. The trial court denied the motion but did not attach the judgment and sentence, the transcript, or any other documents which identify the date on which the crimes took place. The date the crimes occurred is crucial because during only a brief period of time possibly pertinent to this case were trial courts authorized to retain jurisdiction over onehalf of a defendant s sentence. Compare § 947.16(3), Fla. Stat. (1981), with § 947.16(3), Fla. Stat. (Supp. 1982). On remand, documents conclusively refuting the appellant s claim should be attached to any order denying the claim or, if the appellant s claims have merit, the trial court should grant relief. REVERSED AND REMANDED with directions. BENTON, C.J., WOLF, and VAN NORTWICK, JJ., CONCUR. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.