Smith v. State

Full title: RODNEY T. SMITH, Appellant v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Aug 31, 2000

771 So. 2d 6 (Fla. Dist. Ct. App. 2000)

Opinion

No. 5D99-123.

Opinion filed August 31, 2000.

Appeal from the Circuit Court for Brevard County, Jere E. Lober, Judge.

James B. Gibson, Public Defender, and Brynn Newton, Assistant Public Defender, Daytona Beach, for Appellant.

Rodney T. Smith, Sneads, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellee.

THOMPSON, J.

We affirm the judgment and sentence. Because no objection was made to the sentence, the claim of error is not cognizable on appeal. Cf. Maddox v. State, 25 Fla. L. Weekly S367 (Fla. May 11, 2000). However, we direct the trial court on remand to set a hearing on Smith's claim that he was sentenced erroneously as a result of ineffective assistance of counsel.

AFFIRMED and REMANDED with directions.

COBB, J, and ORFINGER, M., Senior Judge, concur.