THOMAS EARL SMAIL
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A trial court's summary denial of a motion to correct an illegal sentence must address all specific claims raised, including whether community control supervision terminated early, rather than merely confirming that the violation affidavit was filed before the scheduled expiration date.
[1] A trial court's summary denial of a motion to correct an illegal sentence must address all specific claims raised by the defendant, not merely confirm that procedural req…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceThomas Earl Smail received a prison sentence for violating community control. Smail argued that his community control supervision had terminated prior…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Jurisdiction To Impose Sentence cases and more on FLexlaw
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
THOMAS EARL SMAIL, Appellant, v. Case No. 5D18-2403
CORRECTED
STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed November 16, 2018 3.800 Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge. Thomas Earl Smail, Raiford, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Marjorie Vincent-Tripp, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Appellant, Thomas Earl Smail, appeals the summary denial of his motion to correct illegal sentence. Smail alleges that the prison sentence he received for violating his community control was illegal because the court had no jurisdiction to impose a prison sentence where his community control had been terminated early. While the trial court correctly found that the VOP affidavit and arrest warrant were filed prior to the scheduled expiration of Smail’s two-year community control period, Smail actually argued that his
2 community control supervision had terminated prior to its originally scheduled expiration date. In its summary denial of Smail’s motion, the trial court failed to address that specific portion of the claim. We therefore reverse the summary denial of Smail’s motion to correct illegal sentence and remand for the trial court to attach portions of the record that conclusively refute these claims. REVERSED and REMANDED.
WALLIS, EDWARDS and HARRIS, JJ., concur.