Julius Smith is a freedom fighter incarcerated in the Florida Department of Corrections.  Julius has been continuously retaliated against by prison officials and staff for continuing the fight to inspire unity and radical education among his fellow incarcerated people.  Julius has been instrumental to the national prisoner resistance movement and is currently serving an 18 month sentence in Close Management (a euphemism for solitary confinement) for his alleged role in local and national organizing.  Julius would greatly benefit from support in the form of letters, writing supplies, including stamps (can send up to 20), and is asking for legal assistance to fight the mandatory enhancement portion of his sentence – a tactic often used to overcharge and over-sentence black and brown people across the country.  

Introduction:

Hello, my name is Julius T. Smith.  I am an aspiring writer, musician, songwriter and producer.  I am an active prison rights advocate and organizer.  I was sentenced to 20 years in prison at the age of 18.  Being a young, 1st time offender I could have received a more lenient sentence but was taken advantage of by the criminal judicial system because I was ignorant to the law and unable to pay for quality legal representation.  Since my sentence, I’ve gotten my high school diploma among many other educational, vocational, and spiritual certificates.  After serving nearly 12 years behind bars, I would greatly appreciate assistance securing an attorney to fight the illegal 10 year mandatory part of my sentence (more below) which I believe should be exchanged for a more appropriate sentence.

You can write Julius at:

Julius T. Smith #C02356

Santa Rosa Correctional Institution

5850 East Milton Rd.

Milton, FL 32583

Legal Information:

I, Julius T. Smith signed a consolidated plea agreement of “nolo contendre” for six cases of armed robbery along with aggravated assault, aggravated battery, attempted robbery and grand theft.  I was appointed a conflict attorney because I had four co-defendants, one represented by the public defender’s office, who agreed to testify  against my three remaining co-defendants and myself.  The co-defendant who agreed to testify against me stated in deposition that I never possessed a firearm in the robberies.  Furthermore, I told the Orange County Sheriffs in affidavit that I never possessed a firearm.  I and my three other co-defendants were all charged with 775.087 enhancement statutes and given a 10-year minimum mandatory sentence for that charge.  I did not understand this enhancement charge and would never had agreed to the plea had I been fully informed.

Because of the fact that I never factually possessed a firearm, it is illegal and a fundamental error to attach a minimum mandatory enhancement to my sentence (Stewart vs. State).  Furthermore, the aggravated battery and aggravated assault should never have been a part of my charging.  Finally, it is impossible to charge four individuals with one firearm.

I am seeking to exchange my 20-year sentence/plea for a more appropriate plea without the 10-year minimum mandatory enhancement, preferably time served for the 12 years I’ve already done.  I’d like to do a Habeas Corpus to cure the fundamental error that resulted in a manifest of injustice and illegal sentence.  Thank you. I appreciate any support and guidance concerning this matter.

Sincerely,

Julius T. Smith