Smith v. State

Gerrell Smith [“Smith”] appeals his judgment and sentence for one count of aggravated battery (deadly weapon) and four counts of aggravated assault (deadly weapon). He raises several issues on appeal. We find merit in only one — that the trial court erred by entertaining and ruling on the State’s rule 3.800(a) motion to correct illegal sentences imposed on Counts II-V during the pendency of appeal.

After sentencing, Smith filed his notice of appeal on November 22, 2010. Thereafter, on April 20, 2011, pursuant to Florida Rule of Criminal Procedure 3.800(b)(2), Smith filed a motion to correct…