ADRIAN P. SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE.
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Adrian Smith appeals his conviction for manslaughter by culpable negligence involving the asphyxiation of a four-month-old infant. On his fourth appeal, Smith challenges his Habitual Felony Offender designation as an illegal sentence, arguing that one of his qualifying prior felonies (a 1996 attempted burglary conviction) was invalid. The court affirmed, holding that Smith cannot challenge an underlying conviction in a sentencing modification proceeding under Florida Rule of Criminal Procedure 3.800(a).
Smith cannot challenge his Habitual Felony Offender designation by attacking an underlying conviction in a Rule 3.800(a) motion. Rule 3.800(a) provides only for correcting, modifying, or reducing a sentence and does not authorize legal challenges to underlying convictions. Any challenge to the 1996 conviction would have required a separate proceeding under Rule 3.850 within two years of finality, which is now untimely.
[1] A challenge to an underlying conviction cannot be raised in a motion to correct, modify, or reduce a sentence under Florida Rule of Criminal Procedure 3.800(a).
[2] A motion to vacate a conviction must be filed in a separate proceeding under Florida Rule of Criminal Procedure 3.850.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Because Rule 3.800 provides only an avenue for correcting, modifying, or reducing a sentence, Appellant's challenge to an underlying conviction could not be considered in the trial court under this limitation of Florida Rule of Criminal Procedure 3.800.”
Establishes the core holding that Rule 3.800(a) does not permit challenges to underlying convictions.
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Join FLexlaw to unlock all legal intelligenceSmith was convicted of manslaughter after forcibly thrusting a baby wipe down a four-month-old infant's throat, causing asphyxiation. The victim could…
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Appellant was convicted of manslaughter by culpable negligence and sentenced to 30 years' imprisonment, with a 15-year minimum-mandatory term, and designated as an Habitual Felony Offender and Prison Releasee Reoffender. At trial, the jury found by special interrogatory that the victim's death was "caused by the neglect of [Appellant], a caregiver."
The victim was a four-month-old infant. Appellant forcibly thrust a baby wipe down the infant's mouth and into his throat so deeply that he asphyxiated. The emergency room physician had to remove the foreign object from the infant's mouth with forceps. Expert testimony established that the infant could not have ingested the wipe on his own volition. The foreign object had *189blood on it that was attributed to an injury to the infant's mouth, a torn frenulum, that bled on the wipe as it was forcibly shoved into the infant's throat.
Although Appellant was charged with second-degree murder, the jury returned a verdict of guilt for the lesser-included crime of manslaughter. This court affirmed Appellant's conviction and sentence, without opinion, in Smith v. State, 25 So.3d 1229 (Fla. 1st DCA 2010). In Appellant's first collateral case, he claimed defense counsel was ineffective and sought relief under Florida Rule of Criminal Procedure 3.850. That motion was denied by the trial court, and this court affirmed, without opinion, in Smith v. State, 129 So.3d 1072 (Fla. 1st DCA 2013).
Appellant's second postconviction motion was filed under Florida Rule of Criminal Procedure 3.800(a), where he asserted that the trial court improperly designated him as a Prison Releasee Reofffender, because he had not been released from prison within three years of the date he committed the manslaughter. The trial court denied the claim. This court affirmed in Smith v. State, 151 So.3d 44 (Fla. 1st DCA 2014), rev. denied, 163 So.3d 513 (Fla. 2015), where we held that Appellant did qualify for the designation as a Prison Releasee Reoffender, based on his return to prison for a violation of conditional release and his subsequent second release from prison within three years of the date of the crime.
In this collateral appeal, Appellant's fourth appearance in this court, he asserts that his Habitual Felony Offender designation is an illegal sentence under Florida Rule of Criminal Procedure 3.800(a), because one of his qualifying felonies, a 1996 conviction for attempted burglary, was not valid. Appellant relies on Heggs v. State, 759 So.2d 620, 627 (Fla. 2000), where the Florida Supreme Court held that Chapter 95-184, Laws of Florida, violated the single-subject rule of Article III, section 6 of the Florida Constitution. We note that in Heggs , the supreme court held that certain sentences imposed under the legislation were invalid during a very limited time period, which expired approximately two decades ago.
Regardless, Appellant cannot challenge his Habitual Felony Offender sentence in an unrelated case by attempting to attack the 1996 conviction for burglary used to habitualize him under Florida Rule of Criminal Procedure 3.800. Appellant was required to move to vacate his 1996 conviction in a separate proceeding, filed under Florida Rule of Criminal Procedure 3.850, within two years of the date his conviction became final. But a motion attacking the 1996 conviction would clearly be untimely at this point.
As we stated in State v. Williams , 854 So.2d 215 (Fla. 1st DCA 2003), and reiterate here, rule 3.800(a) does not authorize a legal challenge to a conviction: "Because Rule 3.800 provides only an avenue for correcting, modifying, or reducing a sentence," Appellant's challenge to an underlying conviction could not be considered in the trial court under this limitation of Florida Rule of Criminal Procedure 3.800. Id. at 217.
Thus, although it was not the reason for the trial court's ruling denying relief here, we affirm on this basis. See Childers v. State, 936 So.2d 585, 587 (Fla. 1st DCA 2006), rev. denied, 939 So.2d 1057 (Fla. 2006) (affirming trial court ruling on different ground under "tipsy coachman" doctrine).
AFFIRMED .
Wolf and Ray, JJ., concur.
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Spears v. Dep't of Corr. (M.D. Fla. 2024)…. 46. The State is correct when it argues that "[t]he Defendant may not utilize a postconviction motion in the instant case to attack his prior conviction in cases 01-MM-6787 and/or 01-MM-3813.” The State cites to Smith v. State, 248 So.3d 188 (Fla. 1st DCA 2018), where the First District Court of Appeal held that a defendant could not challenge his Habitual Felony Offender sentence by attempting to attack the validity of a previous conviction under Rule 3.800. While not d…
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Wyon Dale Childers v. State, 936 So. 2d 585 (Fla. 1st DCA 2006)
- Global Trading Agency, Inc. v. City Nat'l Bank Corp., 854 So. 2d 215 (Fla. 3d DCA 2003)
- Barrerio v. McDonough, 939 So. 2d 1057 (Fla. 2006)
- Sutton v. State, 854 So. 2d 215 (Fla. 5th DCA 2003)
- Marckson v. State, 151 So. 3d 44 (Fla. 3d DCA 2014)
- Smith v. State, 248 So. 3d 188 (Fla. 1st DCA 2014)
- Smith v. State, 151 So. 3d 44 (Fla. 1st DCA 2014)