Smith v. State

Arthur Smith (Smith) appeals what he contends is the trial court’s denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We dismiss his appeal.

After Smith filed his motion for postconviction relief, he later filed a motion to amend that the trial court denied. Although the trial court attached a copy of Smith’s sentencing transcript to its order, there is no indication that its intent was to deny Smith’s original motion. Additionally, the record does not contain any order specifically determining the merits of the original motion.

We know of…