SMITH v. STATE

No. 1D99-4312.

750 So.2d 754 (2000)

Kenneth (Charlie) SMITH, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, First District.

February 4, 2000.


Attorney(s) appearing for the Case

Jeffrey P. Whitton, Panama City, for petitioner.

Robert A. Butterworth, Attorney General, and Edward C. Hill, Jr., Assistant Attorney General, Tallahassee, for respondent.


PER CURIAM.

Kenneth (Charlie) Smith petitions this court for a writ of mandamus or certiorari, contending that the trial court's failure or refusal to grant his motion for modification of sentence was contrary to controlling Florida law. After considering the State's response, we previously granted relief by unpublished order. We now issue this opinion to set forth our reasons for that decision.

In Jackson County case number 97-772-CF, Smith pled nolo contendere...

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