State v. Smith

I. NATURE OF CASE

Anthony J. Smith, the appellant, filed a motion for postconviction relief after his conviction and sentence for robbery were affirmed on appeal. Smith sought postconviction relief based on a defect in the information charging him with robbery and also based on the alleged ineffectiveness of his counsel. The motion was overruled, and Smith appealed. Smith’s appeal was later dismissed as untimely, and he filed a second “motion for postconviction relief,” asserting that he had provided the necessary documents to perfect an appeal from the first postconviction motion within the…