NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
ALVIN KING, )
STATE OF FLORIDA,
Case No. 2D00-1412
Opinion filed November 21, 2001.
Appeal from the Circuit Court for Pinellas
County; Lauren Laughlin, Judge.
James Marion Moorman, Public Defender,
and Andrea Norgard, Assistant Public
Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General,
Tallahassee, and Patricia A. McCarthy,
Assistant Attorney General, Tampa, for
Alvin King has appealed from the denial of his motion to relinquish
jurisdiction pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. Mr. King
contends, and the State concedes, that the trial court erred when it retained jurisdiction
over one-third of each consecutive sentence imposed for his 1981 convictions rather than
for one-third of the entire sentence. Accordingly, we remand this case for correction of Mr.
King’s sentence to reflect that jurisdiction is retained over one-third of the entire sentence
imposed for armed robbery and attempted second-degree murder. See Mobley v. State,
590 So. 2d 1022 (Fla. 2d DCA 1991); Adams v. State, 435 So. 2d 953 (Fla. 2d DCA
Mr. King has also raised on this appeal an argument that the trial court’s
reasons for retention of jurisdiction were inadequate. That issue, however, was not argued
in the hearing on the 3.800(a) motion, and in fact Mr. King’s attorney at that hearing
specifically waived any argument on that issue. Furthermore, the issue could or should
have been raised on direct appeal; and on this record, which does not even contain the
order retaining jurisdiction, we have no basis to conclude that the retention of jurisdiction
Remanded for correction of sentence.
SALCINES, J., and DANAHY, PAUL W., SENIOR JUDGE, Concur.