Daniel J. Smith, a/k/a Tony Smith v. The State of Florida

• Court: District Court of Appeal of Florida
• Decided: July 3, 2024
• Docket: 2024-0171
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed July 3, 2024. Not final until disposition of timely filed motion for rehearing.

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No. 3D24-0171 Lower Tribunal No. F20-12638B ________________

Daniel J. Smith, a/k/a Tony Smith, Appellant,

vs.

The State of Florida, Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Lody Jean, Judge.

Daniel J. Smith, a/k/a Tony Smith, in proper person.

Ashley Moody, Attorney General, and Richard L. Polin, Assistant Attorney General, for appellee.

Before EMAS, GORDO and BOKOR, JJ.

PER CURIAM. Affirmed. See Sutton v. Fla. Parole Comm’n, 975 So. 2d 1256, 1260

(Fla. 4th DCA 2008) (“[R]ule 3.800(a) is designed for judges to correct an

improperly imposed sentence. It is not intended to remedy later errors by the

agencies charged with administering the sentence imposed. If the agency

incorrectly administers a sentence legally imposed so that the prisoner

spends more time in prison than the sentence provides, his remedy is within

the agency first and, if not corrected by the agency, on judicial review by

extraordinary writ.”); see also Jackson v. State, 983 So. 2d 562, 572–73 (Fla.

2008) (providing non-exhaustive list of sentencing errors cognizable by

motion under rule 3.800(b)).