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ALVIN RUSSELL ANDERSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

PER CURIAM.

Anderson appeals his jury trial conviction and sentence of ninety-nine years with retention of jurisdiction for one-third of the sentence. He argues that the retention along with the sentence exceeds the statutory maximum of life. We do not agree.

Retention of jurisdiction under Section 947.16(3), Florida Statutes (1981) has been upheld as constitutional. See: Borden v. State, 402 So.2d 1176 (Fla. 1981).

AFFIRMED.

MILLS, JOANOS and THOMPSON, JJ., concur.

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ANDERSON v. STATE
(Jun 1, 1983)