Opinion
No. 2D14–3041.
08-29-2014
Anthony Jevon SMITH, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
Opinion
BY ORDER OF THE COURT.
This appeal case number 2D14–3041 is treated as a petition for a writ of certiorari and is denied because petitioner Anthony Jevon Smith failed to establish that the circuit court order under review departs from the essential requirements of the law.
The original judgment and sentence filed in the circuit court on March 31, 2003, authorizing the imprisonment of petitioner awarded only 20 days of jail credit. An amended sentence was filed in the circuit court on October 27, 2006, awarding a total of 385 days of jail credit, an increase of 365 days.
Circuit Judge Samantha L. Ward by an order rendered May 20, 2014, dismissed without prejudice appellant's motion to allow jail credit which had been filed in the circuit court on April 29, 2014. Clearly, the circuit court by this order did not award any more jail credit.
However, an amended sentence signed by Circuit Judge Samantha L. Ward was filed in the circuit court on May 23, 2014, which stated in part: “It is further ordered that the defendant shall be allowed a total of 385 days as credit for time incarcerated before imposition of this sentence INCLUDING AN ADDITIONAL 365 DAYS JAIL CREDIT.” This amended sentence did not award any additional jail credit but only awarded the same total of 385 days of jail credit as did the 2006 amended sentence.
Circuit Judge Samantha L. Ward by an order rendered June 9, 2014, which is the order under judicial review, vacated the amended sentence filed May 23, 2014. Judge Ward clearly states that the order filed May 20, 2014, “did not award Defendant any additional jail credit or order the Clerk of the Circuit Court to prepare an amended judgment and sentence.”
Because the amended sentence filed May 23, 2014, did not award any additional jail credit and, in effect, was a duplicate of the 2006 amended sentence, the June 9, 2014, circuit court order under judicial review vacating that amended sentence did not depart from the essential requirements of the law.
This disposition of case number 2D14–3041 will allow appellant to pursue in the circuit court the amended motion for jail credit filed on May 28, 2014.
Petitioner's motion to expedite is denied as moot.
ALTENBERND, LaROSE, and KHOUZAM, JJ., Concur.