Smith v. State

Full title: JIMMY D. SMITH, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Nov 15, 2002

830 So. 2d 263 (Fla. Dist. Ct. App. 2002)

Opinion

Case No. 5D02-2992

Opinion filed November 15, 2002

3.800 Appeal from the Circuit Court for Volusia County, David A. Monaco, Judge.

Jimmy D. Smith, Chattahoochee, pro se.

Richard E. Doran, Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Jimmy D. Smith appeals the denial of his motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). He contends that the probationary 12-month period following his 41-month term of incarceration was not orally pronounced at sentencing. The record clearly refutes Smith's claim.

He also claims that proper jail time credit was not awarded to him for the time he served in North Carolina. This claim is successive and the trial court's denial of the previous Florida Rule of Criminal Procedure 3.850 motion was affirmed in Smith v. State, 806 So.2d 602 (Fla. 5th DCA 2002).

AFFIRMED.

HARRIS, PETERSON and PLEUS, JJ., concur.