Third District Court of Appeal
State of Florida
Opinion filed February 8, 2023.
Not final until disposition of timely filed motion for rehearing.
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No. 3D22-1830
Lower Tribunal No. F81-3272A
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Parnell Smith,
Appellant,
vs.
The State of Florida,
Appellee.
An appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from
the Circuit Court for Miami-Dade County, Ramiro C. Areces, Judge.
Parnell Smith, in proper person.
Ashley Moody, Attorney General, and Richard L. Polin, Assistant
Attorney General, for appellee.
Before EMAS, HENDON, and MILLER, JJ.
PER CURIAM.
Affirmed. § 947.16(3), Fla. Stat. (1981) (“When any person is
convicted of two or more felonies and consecutive sentences are imposed,
then the jurisdiction of the trial court judge as provided herein shall apply to
one-third of the total consecutive sentences imposed.”); § 921.16(1), Fla.
Stat. (1981) (“A defendant convicted of two or more offenses charged in the
same indictment . . . shall serve the sentences of imprisonment concurrently
unless the court directs that two or more of the sentences be served
consecutively.”); see also Hale v. State,
630 So. 2d 521, 524–25 (Fla. 1993)
(limiting its holding to sentencing of habitual offenders); Almendares v. State,
916 So. 2d 29, 30 (Fla. 4th DCA 2005) (finding exception to rule involving
sentences imposed under various sentencing enhancement statutes “not
applicable to the present case as [appellant] was not sentenced pursuant to
a sentencing enhancement statute”).
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