Smith v. State

Full title: JAMES R. SMITH, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Apr 26, 2002

814 So. 2d 533 (Fla. Dist. Ct. App. 2002)

Opinion

No. 2D01-2619.

April 26, 2002.

Appeal from the Circuit Court for Polk County; Randall G. McDonald, Judge.

James R. Smith, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Michelle Taylor, Assistant Attorney General, Tampa, for Appellee.

NORTHCUTT, Judge.

We affirm without prejudice to any right Smith may have to be resentenced under Heggs v. State, 759 So.2d, 620 (Fla. 2000), an issue presently pending in the circuit court pursuant to his motion filed under Florida Rule of Criminal Procedure 3.800.

DAVIS and KELLY, JJ., Concur.