Smith v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT DOUGLAS SMITH, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) CASE NO. 2D04-1724 Opinion filed February 23, 2005. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Polk County; Roger Allan Alcott, Judge. KELLY, Judge. Douglas Smith appeals the denial of his motion for jail credit filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm. See Blake v. State, 807 So. 2d 772 (Fla. 2d DCA 2002). Our affirmance is without prejudice to any right Smith may have to file a timely rule 3.850 motion for postconviction relief. Any such motion will not be deemed successive. Affirmed. WHATLEY and CANADY, JJ., Concur.

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