SMITH v. STATE

No. 5D10-4097.

82 So.3d 1185 (2012)

Gerrell SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 16, 2012.


Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Robert E. Wildridge , Assistant Publie Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Megan Saillant , Assistant Attorney General, Daytona Beach, for Appellee.


GRIFFIN, J.

Gerrell Smith ["Smith"] appeals his judgment and sentence for one count of aggravated battery (deadly weapon) and four counts of aggravated assault (deadly weapon). He raises several issues on appeal. We find merit in only one—that the trial court erred by entertaining and ruling on the State's rule 3.800(a) motion to correct illegal sentences imposed on Counts II-V during the pendency of appeal.

After sentencing, Smith filed his notice...

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