Legal Opinion

Smith v. State

District Court of Appeal of Florida

Decided November 6, 2013No. 4D13-1216PublishedCited by 3 opinions

1Per curiam

The defendant appeals from the circuit court’s summary denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. We conclude all four of the defendant’s claims lack merit. We affirm.

The state charged the defendant with sale of cocaine and possession of cocaine. On the day of trial, the defendant decided to enter an open no contest plea. After the defendant signed the plea paperwork, the state handed defense counsel a notice of its intent to prove that the defendant was a habitual felony offender subject to an enhanced maximum penalty.

The circuit court conducted…

2Cases cited16 opinions

  1. Freeman v. StateSupreme Court of Florida · 2000
  2. Ashley v. StateSupreme Court of Florida · 1993
  3. Kimbrough v. StateSupreme Court of Florida · 2004
  4. Harden v. StateDistrict Court of Appeal of Florida · 1984
  5. FLORIDA DEPT. OF HEALTH, BD. OF MEDICINE v. OrtizSupreme Court of Florida · 2004

11 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Timothy Hampton v. StateDistrict Court of Appeal of Florida · 2017
  2. DEVON MARQUISE DAVIS vs STATE OF FLORIDADistrict Court of Appeal of Florida · 2023
  3. GIOVANI GUERRA v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2022

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