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Florida District Courts of Appeal, 2000

Smith v. State

Smith v. State
Florida District Courts of Appeal · Decided August 31, 2000 · Cobb, Orfinger, Thompson
771 So. 2d 6; 2000 Fla. App. LEXIS 11069; 2000 WL 1227858 (Southern Reporter, Second Series)

Smith v. State

Opinion of the Court

THOMPSON, J.

We affirm the judgment and sentence. Because no objection was made to the sentence, the claim of error is not cognizable on appeal. Cf Maddox v. State, 760 So.2d 89 (Fla. 2000). However, we direct the trial court on remand to set a hearing on Smith’s claim that he was sentenced erroneously as a result of ineffective assistance of counsel.

*7AFFIRMED and REMANDED with directions.

COBB, J., and ORFINGER, M., Senior Judge, concur.

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