SMITH v. STATE (2024)

District Court of Appeal of Florida, Third District.

Daniel J. SMITH, a/k/a Tony Smith, Appellant, v. The STATE of Florida, Appellee.

No. 3D24-0171

Decided: July 03, 2024

Before EMAS, GORDO and BOKOR, JJ.

Daniel J. Smith, a/k/a Tony Smith, in proper person. Ashley Moody, Attorney General, and Richard L. Polin, Assistant Attorney General, for appellee.

Affirmed. See Sutton v. Fla. Parole Comm'n, 975 So. 2d 1256, 1260 (Fla. 4th DCA 2008) (“[R]ule 3.800(a) is designed for judges to correct an improperly imposed sentence. It is not intended to remedy later errors by the agencies charged with administering the sentence imposed. If the agency incorrectly administers a sentence legally imposed so that the prisoner spends more time in prison than the sentence provides, his remedy is within the agency first and, if not corrected by the agency, on judicial review by extraordinary writ.”); see also Jackson v. State, 983 So. 2d 562, 572–73 (Fla. 2008) (providing non-exhaustive list of sentencing errors cognizable by motion under rule 3.800(b)).

PER CURIAM.

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