Legal Opinion

Smith v. State

District Court of Appeal of Florida

Decided October 9, 1998No. 98-481PublishedCited by 1 opinion

1Opinion of the Court

W. SHARP, Judge.

Smith appeals from a denial of his petition for writ of habeas corpus. He presents one issue: that in his 1989 sentencing the trial court erred in relying on two convictions, which were not proven with certified or verified documents. We affirm.

First, this is an issue which should have been raised in Smith’s direct appeal and thus unless there are exceptional circumstances (which there are not in this ease), it cannot be raised in a collateral attack on the judgment. Straight v. State, 488 So.2d 530 (Fla.1986). Second, Smith concedes he raised this issue in both a 3.800(a)…

2Cases cited3 opinions

  1. Straight v. StateSupreme Court of Florida · 1986
  2. Scott v. StateDistrict Court of Appeal of Florida · 1995
  3. Holmes v. StateDistrict Court of Appeal of Florida · 1996

3Cited by1 opinion

  1. Melton v. StateDistrict Court of Appeal of Florida · 1998

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