Legal Opinion

Smothers v. State

District Court of Appeal of Florida

Decided January 18, 1990No. 89-1926PublishedCited by 11 opinions

1Opinion of the Court

555 So.2d 452 (1990)

Donald Alton SMOTHERS, Appellant,

v.

STATE of Florida, Appellee.

No. 89-1926.

District Court of Appeal of Florida, Fifth District.

January 18, 1990.

Donald Alton Smothers, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Bonnie Jean Parrish, Asst. Atty. Gen., Daytona Beach, for appellee.

DANIEL, Chief Judge.

The trial court denied defendant's motion for post-conviction relief without an evidentiary hearing or attaching portions of the record. Rule 3.850, Florida Rules of Criminal Procedure, requires that unless a motion is legally insufficient on its face, the trial…

2Cases cited3 opinions

  1. Mikenas v. StateSupreme Court of Florida · 1984
  2. Bateson v. StateDistrict Court of Appeal of Florida · 1987
  3. Subervi v. MillerDistrict Court of Appeal of Florida · 1990

3Cited by11 opinions

  1. Patton v. StateSupreme Court of Florida · 2000
  2. Montgomery v. StateDistrict Court of Appeal of Florida · 1993
  3. Oehling v. StateDistrict Court of Appeal of Florida · 1995
  4. Debose v. StateDistrict Court of Appeal of Florida · 1991
  5. Griffin v. StateDistrict Court of Appeal of Florida · 1991

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