JOHNNY CLARENCE SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Rule 3.800(B) Motion cases and more on FLexlaw
PER CURIAM.
Appellant’s sentences are affirmed. The errors raised by Appellant in this Anders appeal involving conditions of his probation are not fundamental and, therefore, cannot be reviewed by this court because they were not preserved through contemporaneous objection or through the filing of Rule 3.800(b) motion within 30 days of the rendition of sentence. However, in Smith v. State, 687 So. 2d 308 (Fla. 1st DCA 1997), the direct appeal of this case, we directed the trial court upon resentencing of Appellant to correct its judgment to:
indicate that aggravated stalking is a third degree felony, rather than a second degree felony; to indicate that attempted first degree murder with a firearm is a life felony, rather than a felony punishable by life; and to indicate that attempted first degree murder is a violation of [section] 777.04, Florida Statutes. Id. at 309.
The judgment issued after resentencing contains the same errors as the original judgment. Accordingly, we remand for corree tion of the judgment in accordance with the earlier mandate of this court.
JOANOS, KAHN and DAVIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Lucious Tibbs v. State, 745 So. 2d 1144 (Fla. 1st DCA 1999)…d a brief pro se raising points which do not require further discussion. We AFFIRM the sentences without modification, as none of the errors asserted is fundamental. See Locke v. State, 719 So. 2d 1249 (Fla. 1st DCA 1998). See also Smith v. State, 723 So. 2d 872 (Fla. 1st DCA 1998), and Gaines v. State, 724 So. 2d 139 (Fla. 2d DCA 1998). We certify, as a matter of great public importance, the same issue which we certified in Locke: DOES THE FAILURE OF THE TRIAL COURT TO ORALLY PRONOUNCE EACH STATUTORILY…
-
George v. State, 993 So. 2d 1069 (Fla. 1st DCA 2008)…8, 2006.” The amended probation order still erroneously provides that George “entered a plea of nolo contende-re.” We remand for correction of the probation order in accordance with the trial court’s directive of October 2, 2007. See Smith v. State, 723 So. 2d 872 (Fla. 1st DCA 1998). KAHN, PADOVANO, and HAWKES, JJ., concur.…
Authorities Cited
- Smith v. State, 687 So. 2d 308 (Fla. 1st DCA 1997)