Smith v. State

In this Anders 1 appeal, counsel for Anthony Smith contends that remand is required to correct several sentencing errors related to Smith's guilty plea to three counts of robbery in circuit court case number CRC01-03019CFANO. Of the three points Smith raised in a motion filed pursuant to Florida Rule of Criminal Procedure 3.800(b)(2), 2 we agree with only one: the written sentencing order should be corrected to conform to the trial court's oral pronouncement. Otherwise, the convictions and sentences are affirmed. At a sentencing hearing before Judge Luce, Smith pleaded guilty to three counts of robbery in case number CRC01-03019CFANO, one count of robbery in case number CRC01-06072CFANO, and one count of robbery in case number CRC01-06073CFANO. The information in CRC01-03019CFANO had alleged a total of eight counts arising from criminal acts that included robbery at gunpoint. Prior to the sentencing hearing before Judge Luce, Smith was tried and convicted on counts one and eight, for which he received thirty-year sentences to be served concurrently. Also prior to the sentencing hearing, Smith was separately tried and convicted on count five, for which he received a life sentence to be served concurrently with the sentence for count one. Count seven is not at issue in this appeal.