Smith v. State

Samuel Smith petitions this Court for a belated appeal from a sentencing order. We grant the belated appeal and reverse the sentencing order.

In the underlying case, Smith appealed to this Court from an order of revocation of community control and an order imposing sentence. Smith v. State, 705 So.2d 1033 (Fla. 3d DCA 1998). This Court found that only one of the multiple grounds for the violation was valid. Smith, 705 So.2d at 1034. On this basis, this Court affirmed the revocation order but reversed the sentencing order instructing that on remand the trial court could “impose the same…