SMITH v. STATE (2023)

District Court of Appeal of Florida, Third District.

Parnell SMITH, Appellant, v. The STATE of Florida, Appellee.

No. 3D22-1830

Decided: February 08, 2023

Before EMAS, HENDON, and MILLER, JJ.

Parnell Smith, in proper person. Ashley Moody, Attorney General, and Richard L. Polin, Assistant Attorney General, for appellee.

Affirmed. § 947.16(3), Fla. Stat. (1981) (“When any person is convicted of two or more felonies and consecutive sentences are imposed, then the jurisdiction of the trial court judge as provided herein shall apply to one-third of the total consecutive sentences imposed.”); § 921.16(1), Fla. Stat. (1981) (“A defendant convicted of two or more offenses charged in the same indictment ․ shall serve the sentences of imprisonment concurrently unless the court directs that two or more of the sentences be served consecutively.”); see also Hale v. State, 630 So. 2d 521, 524–25 (Fla. 1993) (limiting its holding to sentencing of habitual offenders); Almendares v. State, 916 So. 2d 29, 30 (Fla. 4th DCA 2005) (finding exception to rule involving sentences imposed under various sentencing enhancement statutes “not applicable to the present case as [appellant] was not sentenced pursuant to a sentencing enhancement statute”).

PER CURIAM.

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