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Smith v. State, Case No. 2D08-4380 (Fla. App. 5/13/2009) (Fla. App., 2009)

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DANA SMITH, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 2D08-4380. District Court of Appeal of Florida, Second District. Opinion filed May 13, 2009.Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pinellas County, Richard A. Luce, Judge. FULMER, Judge. We affirm, without comment, the order denying Dana Smith relief under Florida Rule of Criminal Procedure 3.850. However, we remand with directions for the postconviction court to correct a scrivener’s error in the written sentence. On January 16, 2007, the trial judge orally sentenced Smith to a term of 15 years, requiring the first 37.2 months to be served in prison, suspending the remaining 142.8 months, and placing Smith on probation for the suspended period...continue to full post

Full post as published by Florida Criminal Law Opinions on May 13, 2009 (boomark / email).