DANIEL J. SMITH, A/K/A TONY SMITH
v.
THE STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Rule 3.800(a) is designed for judges to correct improperly imposed sentences and does not provide a remedy for administrative errors in sentence execution by agencies.
[1] Rule 3.800(a) motions are limited to correcting sentences improperly imposed by judges and do not provide a remedy for administrative errors in sentence execution; such a…
Previewing 1 of 1 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“Rule 3.800(a) is designed for judges to correct an improperly imposed sentence. It is not intended to remedy later errors by the agencies charged with administering the sentence imposed.”
Court's explanation of the scope and purpose of Rule 3.800(a) motions
Daniel J. Smith appealed a circuit court decision regarding a Rule 3.800(a) motion in Miami-Dade County.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Florida Rule Of Appellate Procedure 9.141(B)(2) cases and more on FLexlaw
Third District Court of Appeal State of Florida Opinion filed July 3, 2024. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D24-0171 Lower Tribunal No. F20-12638B ________________ Daniel J. Smith, a/k/a Tony Smith, Appellant, vs. The State of Florida, Appellee. An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Lody Jean, Judge. Daniel J. Smith, a/k/a Tony Smith, in proper person. Ashley Moody, Attorney General, and Richard L. Polin, Assistant Attorney General, for appellee. Before EMAS, GORDO and BOKOR, JJ.
PER CURIAM.
2
Affirmed. See Sutton v. Fla. Parole Comm’n, 975 So. 2d 1256, 1260 (Fla. 4th DCA 2008) (“[R]ule 3.800(a) is designed for judges to correct an improperly imposed sentence. It is not intended to remedy later errors by the agencies charged with administering the sentence imposed. If the agency incorrectly administers a sentence legally imposed so that the prisoner spends more time in prison than the sentence provides, his remedy is within the agency first and, if not corrected by the agency, on judicial review by extraordinary writ.”); see also Jackson v. State, 983 So. 2d 562, 572–73 (Fla. 2008) (providing non-exhaustive list of sentencing errors cognizable by motion under rule 3.800(b)).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Jackson v. State, 983 So. 2d 562 (Fla. 2008)
- Sutton v. Fla. Parole Comm'n, 975 So. 2d 1256 (Fla. 4th DCA 2008)