Smith v. State

909 So.2d 972 (2005)

Ron B. SMITH, Appellant,

v.

STATE of Florida, Appellee.

No. 2D05-949.

District Court of Appeal of Florida, Second District.

September 7, 2005.

CANADY, Judge.

Ron B. Smith appeals the summary denial of his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. As to Smith's first claim that his sentence was vindictive, we affirm the postconviction court's denial order because this claim could have been raised on direct appeal. See McDonald v. State, 751 So.2d 56, 58 (Fla. 2d DCA 1999). Because the postconviction court incorrectly determined that Smith's…