Smith v. State

Edward Smith (Defendant) appeals the summary denial of his rule 3.850 motion for postconviction relief. We affirm.

In 2008, defendant filed a petition for writ of quo warranto in the circuit court, challenging his 1996 conviction and sentence. Specifically, he claimed that the trial court was without jurisdiction to convict him or impose a sentence on him because, he alleged, the assistant state attorney who prosecuted him was not a duly designated assistant state attorney. The trial court treated the petition as a rule 3.850 motion for postconviction relief and ordered a state response.…