Antonio Antwan Smith v. State of Florida

Antonio Smith appeals the summary denial of his rule 3.850 motion for post-conviction relief. The trial court denied the motion on the merits, after giving Smith several opportunities to amend his claims. We find that the trial court should have' dismissed Smith’s initial motion as untimely filed.

In 2008, Smith was convicted of leaving the scene of an accident with vehicular homicide and sentenced to twenty-five years in prison. This court affirmed the conviction and sentence on direct appeal. Smith v. State, 15 So.3d 899 (Fla. 4th DCA 2009). The mandate issued on September 4, 2009. Smith…