Opinion
CASE NO. 1D14-0433
08-28-2014
ADRIAN P. SMITH, Appellant, v. STATE OF FLORIDA, Appellee.
Adrian P. Smith, pro se, Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED An appeal from the Circuit Court for Duval County.
Mallory D. Cooper, Judge.
Adrian P. Smith, pro se, Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee. PER CURIAM.
Adrian Smith appeals the summary denial of his rule 3.800(a) motion in which he claimed that his prison releasee reoffender (PRR) designation is illegal because the February 2006 offense for which he was designated a PRR was committed more than three years after he was released from prison on conditional release in May 2002. We issued a Toler order, and in response, the State conceded that the case should be remanded for the trial court to attach records refuting Smith's claim. We decline to accept the State's concession because, upon review of the supplement to the record filed after the State filed its response to the Toler order, we conclude that the record refutes Smith's claim that his PRR designation is illegal.
The record shows that, although Smith was originally released from prison on conditional release in May 2002, he was returned to prison in January 2003 after he violated the terms of his conditional release and the Parole Commission issued an order revoking his conditional release. Smith was again released on conditional release in December 2003, and because he committed his current offense within three years of that date, his PRR designation is legal. See Williams v. State, 994 So. 2d 337, 340 (Fla. 3d DCA 2008); Smith v. Moore, 782 So. 2d 955, 956-57 (Fla. 1st DCA 2001). Accordingly, the trial court correctly denied Smith's rule 3.800(a) motion.
AFFIRMED. VAN NORTWICK, WETHERELL, and MAKAR, JJ., CONCUR.
Toler v. State, 493 So. 2d 489 (Fla. 1st DCA 1986).