Micky Park v. State Florida

Micky Park appeals from the trial court's denial of his motion, pursuant to rule 3.850, Florida Rules of Criminal Procedure, for post-conviction relief. Appellant was charged with first degree murder and armed robbery, both crimes having occurred before October 1, 1983. The appellant pled guilty to second degree murder and armed robbery, both crimes having occurred before October 1, 1983. The appellant pled guilty to second degree murder and armed robbery with the understanding that he would receive a ninety-nine year sentence on each count, to run concurrently, with the court retaining jurisdiction over one-third of each sentence. The appellant was sentenced on November 23, 1983. The trial judge accepted the plea and imposed the agreed upon sentence. In his motion for post-conviction relief, the appellant alleges that his guilty plea was involuntary because neither the trial judge nor his attorney informed him of his right to elect sentencing under the new sentencing guidelines. The appellant also argues that the trial court erred in retaining jurisdiction over his sentence.