|
JERRY L. SMITH VS STATE OF FLORIDA
|
2D2023-1586
|
2023-07-26
|
Closed
|
|
| Classification |
NOA Final - Circuit Criminal - 3.850 Summary
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
06-27989 CFANO
|
Parties
| Name |
JERRY L. SMITH, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Attorney General, Tampa, DAVID CAMPBELL, A.A.G.
|
|
| Name |
HON. PHILIP J. FEDERICO
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
PINELLAS CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-11-13
|
| Type |
Order
|
| Subtype |
Article I, Section 16(b)(10)b., Fla. Const. Order - Time Expired
|
| Description |
Case Initiated After Time Expired
|
|
| Docket Date |
2023-10-25
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-10-25
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-09-27
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-08-28
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
JERRY L. SMITH
|
|
| Docket Date |
2023-08-02
|
| Type |
Notice
|
| Subtype |
Notice of Filing No Answer Brief
|
| Description |
Letter - A.G. will not be filing a brief
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2023-07-26
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ MBR
|
| On Behalf Of |
JERRY L. SMITH
|
|
| Docket Date |
2023-07-26
|
| Type |
Order
|
| Subtype |
Summary Appeals
|
| Description |
set up as summary; brief advice ~ This will proceed as a summary appeal pursuant to Florida Rule of Appellate Procedure 9.141(b)(2). Appellant is not obligated to submit a brief. An optional brief, should appellant choose to file one, must be served within thirty days.
|
|
| Docket Date |
2023-07-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2023-07-26
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF1:No Fee-3.850
|
|
| Docket Date |
2023-07-26
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ SUMMARY REDACTED FEDERICO
|
| On Behalf Of |
PINELLAS CLERK
|
|
|
|
JERRY L. SMITH VS STATE OF FLORIDA
|
2D2022-1979
|
2022-06-20
|
Closed
|
|
| Classification |
NOA Final - Circuit Criminal - 3.850 Summary
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
06-27989 CFANO
|
Parties
| Name |
JERRY L. SMITH, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
CERESE CRAWFORD TAYLOR, A.A.G., Attorney General, Tampa
|
|
| Name |
HON. PHILIP J. FEDERICO
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
PINELLAS CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-02-03
|
| Type |
Order
|
| Subtype |
Article I, Section 16(b)(10)b., Fla. Const. Order - Time Expired
|
| Description |
Case Initiated After Time Expired
|
|
| Docket Date |
2023-01-31
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-01-31
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-01-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-DENYING REHEARING ~ Appellant's motion for rehearing, written opinion, and certification is denied.
|
|
| Docket Date |
2023-01-06
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
JERRY L. SMITH
|
|
| Docket Date |
2022-12-16
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2022-07-01
|
| Type |
Notice
|
| Subtype |
Notice of Filing No Answer Brief
|
| Description |
Letter - A.G. will not be filing a brief
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2022-06-20
|
| Type |
Order
|
| Subtype |
Summary Appeals
|
| Description |
set up as summary; brief advice ~ This will proceed as a summary appeal pursuant to Florida Rule of Appellate Procedure 9.141(b)(2). Appellant is not obligated to submit a brief. An optional brief, should appellant choose to file one, must be served within thirty days.
|
|
| Docket Date |
2022-06-20
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ SUMMARY REDACTED FEDERIO, 158 PGS.
|
| On Behalf Of |
PINELLAS CLERK
|
|
| Docket Date |
2022-06-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
JERRY L. SMITH
|
|
| Docket Date |
2022-06-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF1:No Fee-3.850
|
|
| Docket Date |
2022-06-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
|
|
JERRY LOUIS SMITH VS STATE OF FLORIDA
|
2D2020-0281
|
2020-01-24
|
Closed
|
|
| Classification |
NOA Final - Circuit Criminal - 3.800 Summary
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
CRC 06-27989 CFANO
|
Parties
| Name |
JERRY L. SMITH, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Attorney General, Tampa, Kelly E. O'Neill, A.A.G.
|
|
| Name |
HON. PHILIP J. FEDERICO
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
PINELLAS CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-12-30
|
| Type |
Order
|
| Subtype |
Article I, Section 16(b)(10)b., Fla. Const. Order - Time Expired
|
| Description |
Case Initiated After Time Expired ~ Article I, section 16(b)(10)(b), Florida Constitution, provides that all state-level appeals and collateral attacks on any judgment must be complete within two years from the date of appeal in noncapital cases unless a court enters an order with specific findings as to why the court was unable to comply and the circumstances causing the delay. Pursuant to the administrative procedures and definitions set forth in Supreme Court of Florida Administrative Order No. AOSC19-76, this case was not completed within the required time because the case was initiated in this court after the time had already expired.This order is for reporting purposes only. It does not affect the decision in this case or the date of the mandate if one has issued, and it has no effect on related proceedings in the lower tribunal or in federal court.
|
|
| Docket Date |
2020-12-04
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-10-23
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Citation
|
|
| Docket Date |
2020-05-06
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ This court on its own motion relinquished jurisdiction in this appeal. The circuit court has resolved the matter for which jurisdiction was relinquished by an order rendered April 30, 2020, which dismissed appellant’s supplement to his motion to correct an illegal sentence. The Pinellas County Clerk of the Circuit Court on May 1, 2020, transmitted a supplemental record containing both the supplement to the motion to correct an illegal sentence and the circuit court order dismissing this supplement. In light of the transmitted supplemental record, appellant’s motion to supplement the record mailed from prison on February 21, 2020, is dismissed as moot. Also, the amended information in the record is the amended information on file with the Pinellas County Clerk of the Circuit Court.Jurisdiction in this appeal is now returned to this court. Appellant no longer has to file the status report required by this court’s order dated March 3, 2020. Appellant may file an optional initial brief which complies with Florida Rule of Appellate Procedure 9.210(a)(5) and (b) within 60 days from the date of this order.
|
|
| Docket Date |
2020-05-01
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ REDACTED - 20 PAGES
|
|
| Docket Date |
2020-03-03
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ On December 12, 2019 [Mail Box Rule date December 9, 2019], appellant filed in the circuit court a pro se motion to correct an illegal sentence. On January 6, 2020 [Mail Box Rule date January 2, 2020], appellant filed in the circuit court a pro se supplement to the motion to correct an illegal sentence. The Florida Comprehensive Case Information System [CCIS] indicates that the Pinellas County Clerk of the Circuit Court on December 13, 2019, forwarded the motion to correct an illegal sentence to Circuit Court Judge Philip J. Federico for a ruling. However, it does not appear that the supplement to the motion to correct an illegal sentence was ever forwarded to Judge Federico.Judge Federico by an order signed January 8, 2020, and rendered January 10, 2020, denied in part and dismissed in part the motion to correct an illegal sentence. There has not yet been a ruling on the supplement to the motion to correct an illegal sentence. Appellant filed in the circuit court on January 23, 2020 [Mail Box Rule date January 21, 2020], a notice of appeal which initiated this appeal 2D20-281.Accordingly, in the interest of promoting judicial economy, this court relinquishes jurisdiction for 60 days from the date of this order for Circuit Court Judge Philip J. Federico or his successor in the division to consider and rule on appellant's pro se supplement to the motion to correct an illegal sentence. The circuit court or either party may file a motion to extend the relinquishment of jurisdiction, if more time is needed.The clerk of the circuit court shall transmit to this court as a supplemental record the pro se supplement to the motion to correct an illegal sentence, filed January 6, 2020, and the circuit court order which disposes of this supplement to the motion to correct an illegal sentence within 15 days after rendition of the order.Appellant shall file a status report on this appeal upon disposition of the supplement to the motion or within 70 days from the date of this order, whichever is sooner. Appellant's motion to supplement the record remains pending. Once appellant receives the supplemental record, appellant may file a motion for this court to set a time frame for the filing of an initial brief.
|
|
| Docket Date |
2020-02-26
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
JERRY L. SMITH
|
|
| Docket Date |
2020-01-28
|
| Type |
Notice
|
| Subtype |
Notice of Filing No Answer Brief
|
| Description |
Letter - A.G. will not be filing a brief
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2020-01-24
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records
|
| On Behalf Of |
PINELLAS CLERK
|
|
| Docket Date |
2020-01-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF2:No Fee-3.800
|
|
| Docket Date |
2020-01-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2020-01-24
|
| Type |
Order
|
| Subtype |
Summary Appeals
|
| Description |
set up as summary; brief advice
|
|
| Docket Date |
2020-01-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
JERRY L. SMITH
|
|
|
|
JERRY LOUIS SMITH VS STATE OF FLORIDA
|
2D2014-0840
|
2014-02-17
|
Closed
|
|
| Classification |
NOA Final - Circuit Criminal - 3.800 Summary
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
CRC 06-27989CFANO
|
Parties
| Name |
JERRY L. SMITH, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ATTORNEY GENERAL
|
|
| Name |
PINELLAS CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-09-02
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ SET VIA AUTO RECORD RETURN APPLICATION
|
|
| Docket Date |
2014-11-19
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2014-10-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-DENYING REHEARING
|
|
| Docket Date |
2014-10-02
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
JERRY L. SMITH
|
|
| Docket Date |
2014-09-10
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2014-03-20
|
| Type |
Notice
|
| Subtype |
Notice of Filing No Answer Brief
|
| Description |
Letter - A.G. will not be filing a brief
|
|
| Docket Date |
2014-02-26
|
| Type |
Order
|
| Subtype |
Summary Appeals
|
| Description |
set up as summary; brief advice
|
|
| Docket Date |
2014-02-19
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ ***FTP SUMMARY RECORD***
|
| On Behalf Of |
PINELLAS CLERK
|
|
| Docket Date |
2014-02-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF2:No Fee-3.800
|
|
| Docket Date |
2014-02-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
JERRY L. SMITH
|
|
|
|
JERRY LOUIS SMITH VS STATE OF FLORIDA
|
2D2012-4808
|
2012-09-20
|
Closed
|
|
| Classification |
NOA Final - Circuit Criminal - 3.850 Summary
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
CRC 06-27989 CFANO
|
Parties
| Name |
JERRY L. SMITH, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ATTORNEY GENERAL
|
|
| Name |
PINELLAS CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2013-08-27
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2013-08-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-DENYING REHEARING
|
|
| Docket Date |
2013-05-31
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ & Clarification of Opinion
|
| On Behalf Of |
JERRY L. SMITH
|
|
| Docket Date |
2013-05-15
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2012-10-09
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Appellant Initial Brief w/Appendix
|
| On Behalf Of |
JERRY L. SMITH
|
|
| Docket Date |
2012-10-08
|
| Type |
Notice
|
| Subtype |
Notice of Filing No Answer Brief
|
| Description |
Letter - A.G. will not be filing a brief
|
|
| Docket Date |
2012-09-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF1:No Fee-3.850
|
|
| Docket Date |
2012-09-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
JERRY L. SMITH
|
|
|
