From Casetext: Smarter Legal Research

Smail v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Nov 16, 2018
257 So. 3d 1223 (Fla. Dist. Ct. App. 2018)

Opinion

Case No. 5D18-2403

11-16-2018

Thomas Earl SMAIL, Appellant, v. STATE of Florida, Appellee.

Thomas Earl Smail, Raiford, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Marjorie Vincent-Tripp, Assistant Attorney General, Daytona Beach, for Appellee.


Thomas Earl Smail, Raiford, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Marjorie Vincent-Tripp, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Appellant, Thomas Earl Smail, appeals the summary denial of his motion to correct illegal sentence. Smail alleges that the prison sentence he received for violating his community control was illegal because the court had no jurisdiction to impose a prison sentence where his community control had been terminated early. While the trial court correctly found that the VOP affidavit and arrest warrant were filed prior to the scheduled expiration of Smail's two-year community control period, Smail actually argued that his community control supervision had terminated prior to its originally scheduled expiration date. In its summary denial of Smail's motion, the trial court failed to address that specific portion of the claim. We therefore reverse the summary denial of Smail's motion to correct illegal sentence and remand for the trial court to attach portions of the record that conclusively refute these claims.

REVERSED and REMANDED.

WALLIS, EDWARDS and HARRIS, JJ., concur.


Summaries of

Smail v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Nov 16, 2018
257 So. 3d 1223 (Fla. Dist. Ct. App. 2018)
Case details for

Smail v. State

Case Details

Full title:THOMAS EARL SMAIL, Appellant, v. STATE OF FLORIDA, Appellee.

Court:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Nov 16, 2018

Citations

257 So. 3d 1223 (Fla. Dist. Ct. App. 2018)