Smith v. State

766 So.2d 1257 (2000)

Leotis SMITH, Appellant,

v.

STATE of Florida, Appellee.

No. 5D97-2647.

District Court of Appeal of Florida, Fifth District.

September 29, 2000.

James B. Gibson, Public Defender, and Stephanie H. Park, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellee.

COBB, J.

The appellant, Leotis Smith, was erroneously sentenced to life imprisonment as a habitual offender. Smith did not meet the statutory criteria required by section 775.084(1)(a), Florida…