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 DENNIS JAMES SMITH, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________ ) ) ) ) ) ) ) ) ) ) Case No. 2D13-61 Opinion filed July 2, 2014. Appeal from the Circuit Court for Hillsborough County; Daniel L. Perry, Judge. Howard L. Dimmig, II, Public Defender, and Richard P. Albertine, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Donna S. Koch, Assistant Attorney General, Tampa, for Appellee. KELLY, Judge. Dennis James Smith appeals from his judgment and sentence for several offenses following the revocation of his probation. We affirm the order revoking Smith's probation without further comment. However, we remand for the entry of an amended revocation order. While this appeal was pending, Smith filed a motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). The trial court granted this motion and reduced Smith's sentence for attempted first-degree murder (count I), armed burglary of a dwelling (count II), and robbery with a deadly weapon (count III) from 194.025 months to 172 months' imprisonment with credit for time served. Although an amended judgment and sentence was entered, no amended revocation order appears in the record. We therefore remand with directions to the trial court to enter an amended order of revocation accurately reflecting Smith's corrected sentence. Affirmed; remanded with directions. LaROSE and KHOUZAM, JJ., Concur. -2-

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