Legal Opinion

Smith v. State

District Court of Appeal of Florida

Decided December 5, 2012No. 2D10-4901Published

1Opinion of the Court

NORTHCUTT, Judge.

Carlton Smith appeals following a guilty plea to battery on a law enforcement officer, driving while license suspended, obstructing an officer without violence, and possession of a controlled substance. We affirm but note that we have not reached the merits of the sentencing issue.

Pursuant to the plea agreement, Smith was sentenced as a habitual offender for the battery and possession convictions. Smith argues that the State failed to introduce sufficient evidence to support a habitual offender classification.1 Smith raised this argument for the first time in a motion filed…

2Cases cited2 opinions

  1. MacAluso v. StateDistrict Court of Appeal of Florida · 2005
  2. Jones v. StateDistrict Court of Appeal of Florida · 2008

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