Legal Opinion

Smith v. State

District Court of Appeal of Florida

Decided October 20, 2006No. 1D06-2046PublishedCited by 1 opinion

1Opinion of the Court

946 So.2d 1078 (2006)

John E. SMITH, Appellant,

v.

STATE of Florida, Appellee.

No. 1D06-2046.

District Court of Appeal of Florida, First District.

October 20, 2006.

John E. Smith, pro se, Appellant.

Charlie Crist, Attorney General, and Thomas D. Winokur, Assistant Attorney General, Tallahassee, for Appellee.

2Per curiam

The appellant challenges the trial court's summary denial of his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the appellant's sentence is illegal and the procedural bar would result in manifest injustice, we reverse the trial court's denial and…

3Cases cited5 opinions

  1. State v. McBrideSupreme Court of Florida · 2003
  2. Smith v. StateSupreme Court of Florida · 1989
  3. Kunkel v. StateDistrict Court of Appeal of Florida · 2000
  4. Fowler v. StateDistrict Court of Appeal of Florida · 1994
  5. Johnson v. StateDistrict Court of Appeal of Florida · 2005

4Cited by1 opinion

  1. Davis v. StateDistrict Court of Appeal of Florida · 2007

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