Smith v. State
Smith v. State
681 So. 2d 715; 1996 Fla. App. LEXIS 485; 1996 WL 29232
(Southern Reporter, Second Series)
Smith v. State
Opinion of the Court
In this appeal, John Edward Smith argues that his habitual offender sentence is barred by double jeopardy. We disagree and affirm. See Johnson v. State, 576 So.2d 916 (Fla. 2d DCA 1991). Our review of the record, however, reveals a scrivener’s error. Smith received a habitual offender sentence only in circuit court ease number 93-14 but the amended sentences in five other eases also reflect habitual offender status. We direct the trial court to strike the habitual offender designation in the written sentences for circuit court case numbers 92-600, 92-601, 92-717, 92-747 and 92-766. Smith need not be present.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.