Legal Opinion

Smith v. State

District Court of Appeal of Florida

Decided March 17, 2010No. 4D09-616Published

1Per curiam

The defendant appeals his conviction for possession of ammunition by a convicted felon. He argues his defense counsel rendered ineffective assistance of counsel in failing to request a jury instruction on “momentary possession.” We affirm the conviction, but without prejudice to allow him to raise the issue in a motion under Florida Rule Appellate Procedure 3.850.

Affirmed.

GROSS, C.J., MAY and CIKLIN, JJ., concur.

2Cases cited1 opinion

  1. Ebrahimi v. AJABSHIRDistrict Court of Appeal of Florida · 2010