Smith v. State

We affirm the trial court’s order denying relief in this collateral criminal appeal. The trial court denied Appellant’s motion filed under Florida Rule of Criminal Procedure 3.850 without a hearing; thus, we review this matter under the standard set out in Florida Rule of Appellate Procedure 9.141(b)(2)(D).

Appellant’s claims are conclusively refuted by the record; thus, we find no error with the trial court’s decision to deny the motion without a hearing. Additionally, we find Appellant’s appeal to be frivolous under section 944.279, Florida Statutes (2008), and refer him to the Department of…