Smith v. State

445 So.2d 1050 (1984)

Clifford Talmadge SMITH, Appellant,

v.

STATE of Florida, Appellee.

No. AS-384.

District Court of Appeal of Florida, First District.

January 30, 1984.

As Corrected on Rehearing March 8, 1984.

Michael Allen, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Kathryn L. Sands, Asst. Atty. Gen., for appellee.

The defendant was tried on a charge of second degree murder and convicted of the lesser offense of manslaughter. At sentencing, the trial judge, over defense objections, announced that he found that the defendant used a…