SMITH v. STATE (2022)

District Court of Appeal of Florida, First District.

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

No. 1D21-2982

Decided: March 09, 2022

Jennifer Smith, pro se, Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.

Jennifer Smith appeals an order denying her motion to correct an illegal sentence filed under Florida Rule of Criminal Procedure 3.800(a). Because Smith challenges the procedure leading to her sentence and not the sentence itself, the postconviction court properly denied relief. See Kramer v. State, 326 So. 3d 1202, 1203 (Fla. 1st DCA 2021) (holding that defendant's claim based on the trial court's consideration of unsubstantiated allegations of criminal conduct was not cognizable in a 3.800(a) motion); see also Judge v. State, 596 So. 2d 73, 77 (Fla. 2d DCA 1991) (reaffirming that rule 3.800(a) “is not a vehicle designed to re-examine whether the procedure employed to impose the punishment comported with statutory law and due process”).

Affirmed.

Per Curiam.

Ray, Osterhaus, and M.K. Thomas, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network