Smith v. State

We have before us an appeal of the order denying appellant’s Rule 3.800(a), Fla.R. Crim.P. motion to correct sentence. Appellant has pending as well a petition for writ of habeas corpus in which petitioner alleges that he is being illegally required to remain on probation. We elect to consolidate these cases for purposes of disposition and treat the habeas corpus petition as appellant’s initial brief and the response to our show cause order as respondent’s answer brief. Upon consideration of the probation order we find it to be valid, and affirm.

Appellant was convicted by a jury of the second…