Legal Opinion

Smith v. State

District Court of Appeal of Florida

Decided August 29, 2012No. 4D11-3664Published

1Per curiam

We affirm the summary denial of appellant’s motion to correct illegal sentence/petition for writ of habeas corpus, which again challenges his habitual violent felony offender (HVFO) designation.

Appellant initially claimed that adjudication was withheld in his Broward County predicate offenses and, therefore, those offenses should not have been used to classify him as an HVFO. We previously determined that this claim lacks merit. See Smith v. State, 973 So.2d 1235, 1236 (Fla. 4th DCA 2008) (finding that although the trial court purported to withhold adjudication three years after he served a…

2Cases cited1 opinion

  1. Smith v. StateDistrict Court of Appeal of Florida · 2008

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