PARNELL SMITH v. THE STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: February 8, 2023
• Docket: 22-1830
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed February 8, 2023. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D22-1830 Lower Tribunal No. F81-3272A ________________

Parnell 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, Ramiro C. Areces, Judge.

Parnell Smith, in proper person.

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

Before EMAS, HENDON, and MILLER, JJ.

PER CURIAM. Affirmed. § 947.16(3), Fla. Stat. (1981) (“When any person is

convicted of two or more felonies and consecutive sentences are imposed,

then the jurisdiction of the trial court judge as provided herein shall apply to

one-third of the total consecutive sentences imposed.”); § 921.16(1), Fla.

Stat. (1981) (“A defendant convicted of two or more offenses charged in the

same indictment . . . shall serve the sentences of imprisonment concurrently

unless the court directs that two or more of the sentences be served

consecutively.”); see also Hale v. State, 630 So. 2d 521, 524–25 (Fla. 1993)

(limiting its holding to sentencing of habitual offenders); Almendares v. State,

916 So. 2d 29, 30 (Fla. 4th DCA 2005) (finding exception to rule involving

sentences imposed under various sentencing enhancement statutes “not

applicable to the present case as [appellant] was not sentenced pursuant to

a sentencing enhancement statute”).