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Smith v. State

Florida Court of Appeals, First District
Mar 9, 2022
No. 1D21-2982 (Fla. Dist. Ct. App. Mar. 9, 2022)

Opinion

1D21-2982

03-09-2022

Jennifer Smith, Appellant, v. State of Florida, Appellee.

Jennifer Smith, pro se, Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.


Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

On appeal from the Circuit Court for Duval County. Meredith Charbula, Judge.

Jennifer Smith, pro se, Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.

Per Curiam

Jennifer Smith appeals an order denying her motion to correct an illegal sentence filed under Florida Rule of Criminal Procedure 3.800(a). Because Smith challenges the procedure leading to her sentence and not the sentence itself, the postconviction court properly denied relief. See Kramer v. State, 326 So.3d 1202, 1203 (Fla. 1st DCA 2021) (holding that defendant's claim based on the trial court's consideration of unsubstantiated allegations of criminal conduct was not cognizable in a 3.800(a) motion); see also Judge v. State, 596 So.2d 73, 77 (Fla. 2d DCA 1991) (reaffirming that rule 3.800(a) "is not a vehicle designed to re-examine whether the procedure employed to impose the punishment comported with statutory law and due process").

Affirmed.

Ray, Osterhaus, and M.K. Thomas, JJ., concur.


Summaries of

Smith v. State

Florida Court of Appeals, First District
Mar 9, 2022
No. 1D21-2982 (Fla. Dist. Ct. App. Mar. 9, 2022)
Case details for

Smith v. State

Case Details

Full title:Jennifer Smith, Appellant, v. State of Florida, Appellee.

Court:Florida Court of Appeals, First District

Date published: Mar 9, 2022

Citations

No. 1D21-2982 (Fla. Dist. Ct. App. Mar. 9, 2022)