Jerrell Lamont Smith v. State of Florida
Docket 5D2025-0991
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Florida
- Court
- District Court of Appeal of Florida
- Type
- Opinion
- Case type
- Criminal Appeal
- Disposition
- Affirmed
- Docket
- 5D2025-0991
Appeal from the Circuit Court for Marion County (criminal case No. 2023-CF-001296-A)
Summary
The Fifth District Court of Appeal unanimously affirmed the trial court's judgment in the criminal case of Jerrell Lamont Smith. The appeal, taken from the Marion County Circuit Court, was considered on the briefs and oral argument, and the appellate panel issued a per curiam decision simply stating "AFFIRMED." No extended opinion or new legal analysis was published in the decision; the judges concurred and directed that the decision is not final until any timely, authorized post-judgment motions are resolved under Florida appellate rules.
Issue Decided
- Whether the trial court's judgment and sentence in State v. Smith should be reversed.
Court's Reasoning
The court issued a per curiam affirmance without an accompanying written opinion, indicating the panel found no reversible error in the trial court's proceedings or ruling. Because no reasoning was provided in the published text, the affirmance reflects that the appellate judges concluded the record supported the lower court's disposition. The decision did not identify novel legal questions or departures from existing precedent.
Parties
- Appellant
- Jerrell Lamont Smith
- Appellee
- State of Florida
- Judge
- Barbara Kissner Kwatkosky
- Attorney
- Olivia M. Goodman
- Attorney
- Todd J. Murgo
- Attorney
- James Uthmeier
- Attorney
- Richard A. Pallas, Jr.
Key Dates
- Fifth District decision date
- 2026-04-28
- Lower tribunal case number
- 2023-01-01
What You Should Do Next
- 1
Consider timely post-judgment motions
The appellant should consult counsel about filing any authorized motions under Fla. R. App. P. 9.330 or 9.331 before the applicable deadlines to preserve issues or seek rehearing.
- 2
Evaluate further appellate remedies
If there are grounds and the case warrants it, counsel may evaluate whether to seek discretionary review from the Florida Supreme Court or pursue state postconviction relief.
Frequently Asked Questions
- What did the appeals court decide?
- The appeals court affirmed the trial court's judgment, meaning it found no reversible error in the lower court's handling of the criminal case.
- Who is affected by this decision?
- The decision directly affects the appellant, Jerrell Lamont Smith, and the State of Florida as the appellee; it leaves the trial-court outcome in place.
- What happens next after this affirmance?
- The decision is final unless a timely and authorized motion under Florida Rule of Appellate Procedure 9.330 or 9.331 is filed, or unless the defendant pursues further postconviction relief or a petition for review to the Florida Supreme Court if authorized.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 5D2025-0991
LT Case No. 2023-CF-001296-A
____________________________
JERRELL LAMONT SMITH,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
_____________________________
On appeal from the Circuit Court for Marion County.
Barbara Kissner Kwatkosky, Judge.
Olivia M. Goodman and Todd J. Murgo, of O’Brien Hatfield, P.A.,
Tampa, for Appellant.
James Uthmeier, Attorney General, Tallahassee, and Richard A.
Pallas, Jr., Assistant Attorney General, Daytona Beach, for
Appellee.
April 28, 2026
PER CURIAM.
AFFIRMED.
JAY, C.J., and KILBANE and MACIVER, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
2