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Smith v. State

Florida Court of Appeals, Third District
Jul 3, 2024
No. 3D24-0171 (Fla. Dist. Ct. App. Jul. 3, 2024)

Opinion

3D24-0171

07-03-2024

Daniel J. Smith, a/k/a Tony Smith, Appellant, v. The State of Florida, Appellee.

Daniel J. Smith, a/k/a Tony Smith, in proper person. Ashley Moody, Attorney General, and Richard L. Polin, Assistant Attorney General, for appellee.


Not final until disposition of timely filed motion for rehearing.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Lower Tribunal No. F20-12638B 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.

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)).


Summaries of

Smith v. State

Florida Court of Appeals, Third District
Jul 3, 2024
No. 3D24-0171 (Fla. Dist. Ct. App. Jul. 3, 2024)
Case details for

Smith v. State

Case Details

Full title:Daniel J. Smith, a/k/a Tony Smith, Appellant, v. The State of Florida…

Court:Florida Court of Appeals, Third District

Date published: Jul 3, 2024

Citations

No. 3D24-0171 (Fla. Dist. Ct. App. Jul. 3, 2024)