JIMMY D. SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JIMMY D. SMITH, APPELLANT,
STATE OF FLORIDA, APPELLEE
830 So. 2d 263
Florida District Court of Appeal, Fifth District (2002)
Negative Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Jimmy D. Smith appeals the denial of his motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). He contends that the probationary 12-month period following his 41-month term of incarceration was not orally pronounced at sentencing. The record clearly refutes Smith’s claim.
He also claims that proper jail time credit was not awarded to him for the time he served in North Carolina. This claim is successive and the trial court’s denial of the previous Florida Rule of Criminal Procedure 3.850 motion was affirmed in Smith v. State, 806 So. 2d 602 (Fla. 5th DCA 2002).
AFFIRMED.
HARRIS, PETERSON and PLEUS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Petscher v. State, 936 So. 2d 639 (Fla. 5th DCA 2006)…s a straight prison-credit claim because he alleged that he had served 987 days in prison before his release to probation on the probationary split sentence, and that his sentencing paperwork would show his entitlement to relief.”); Wright v. State, 830 So. 2d 263, 264 (Fla. 5th DCA 2002) (“Wright filed a facially sufficient claim for jail credit under rule 3.800 by providing the dates for which she is seeking credit, the date of her sentence, and alleging that the jail records in the county where she was sen…
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Johnson v. State, 852 So. 2d 371 (Fla. 5th DCA 2003)…on on the merits but failed to attach portions of the record to support the denial order. Portions of the record supporting the denial of a Rule 3.800(a) motion must be attached to the denial order if a prima facie case is made. See Wright v. State, 830 So. 2d 263 (Fla. 5th DCA 2002); Bunch v. State, 622 So. 2d 525 (Fla. 5th DCA 1993). REVERSED and REMANDED. SAWAYA, C.J., PALMER and TORPY, J., concur.…
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Small v. State, 120 So. 3d 64 (Fla. 4th DCA 2013)…aim would appear sufficient and reversal would be required because the court did not review the foreign county’s jail records and attach the records refuting the claim. See Phillips v. State, 839 So. 2d 893, 894 (Fla. 4th DCA 2003); Wright v. State, 830 So. 2d 263, 264 (Fla. 5th DCA 2002); Hidalgo v. State, 729 So. 2d 984, 984 (Fla. 3d DCA 1999). In Johnson v. State, 60 So. 3d 1045, 1051 (Fla.2011), however, the Florida Supreme Court made clear that a trial court is not required to attach records to refute a…
Authorities Cited
- Woodall v. State, 806 So. 2d 602 (Fla. 5th DCA 2002)
- Smith v. State, 806 So. 2d 602 (Fla. 5th DCA 2002)