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IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
JASPER R. KIRTSEY,
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant,
DISPOSITION THEREOF IF FILED
v.
CASE NO. 1D03-0393
STATE OF FLORIDA,
Appellee.
___________________________/
Opinion filed September 5, 2003.
An appeal from the Circuit Court for Nassau County.
Robert M. Foster, Judge.
Appellant, pro se.
Charlie Crist, Attorney General, Elizabeth Fletcher Duffy, Assistant Attorney General,
Tallahassee, for Appellee.
PER CURIAM.
The appellant challenges the trial court's summary denial of his motion filed
pursuant to Florida Rule of Criminal Procedure 3.800(a) alleging that the trial court
illegally retained jurisdiction over one-third of his sentence. Because the appellant has
stated a facially sufficient claim that his sentence is illegal that is not refuted by the
record, we reverse.

On May 2, 1982, the appellant was adjudicated guilty of one count of armed
robbery and sentenced to 90 years in prison with the court retaining jurisdiction over
one-third (30 years) of that sentence. The appellant alleged that his sentence is illegal
because the trial court did not justify the retention of jurisdiction over one-third of his
sentence. In order to retain jurisdiction over the appellant's sentence, the trial court
must provide justification "with individual particularity." See § 947.16(3)(a), Fla. Stat.
(1981); Hampton v. State, 764 So. 2d 829 (Fla. 1st DCA 2000). The record contains
no such justification.
Furthermore, contrary to the trial court's ruling, this issue is cognizable in a rule
3.800 motion. See Hampton, 764 So. 2d at 830; Macias v. State, 614 So. 2d 1216
(Fla. 3d DCA 1993).
We accordingly reverse the summary denial of this claim and remand for the trial
court to address this claim on the merits.
REVERSED AND REMANDED.
VAN NORTWICK, PADOVANO, and HAWKES, JJ., CONCUR.
2

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