Robert G. Smart v. State

District Court of Appeal of Florida

Robert G. Smart v. State

200 So. 3d 1285, 2016 Fla. App. LEXIS 14625, 2016 WL 5630684

CourtDistrict Court of Appeal of Florida

DecidedSeptember 30, 2016

Docket5D16-1548

StatusPublished

Cited by1 cases

This text of 200 So. 3d 1285 (Robert G. Smart v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Robert G. Smart v. State, 200 So. 3d 1285, 2016 Fla. App. LEXIS 14625, 2016 WL 5630684 (Fla. Ct. App. 2016).

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Opinion

COHEN, J.

Because the trial court lacked jurisdiction to rule on Smart’s motion to correct illegal sentence during the pendency of his direct appeal, we reverse the order denying the motion. 1 See Fla. R. Crim. P. 3.800(a)(1); Padilla-Padial v. State, 152 So.3d 51, 52 (Fla. 5th DCA 2014). We express no opinion on the merits of the motion.

REVERSED AND REMANDED.

LAWSON, C.J., and PALMER, J„ concur.

1

. Although the judgment and sentence were affirmed on direct appeal, the mandate did not issue until after the trial court’s ruling on the motion. See Smart v. State, 189 So.3d 798 (Fla. 5th DCA 2016).

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