Legal Opinion
Smith v. State
District Court of Appeal of Florida
Decided January 23, 2008No. 4D07-4152PublishedCited by 1 opinion
1Opinion of the Court
973 So.2d 1235 (2008)
Barry L. SMITH, Appellant,
v.
STATE of Florida, Appellee.
No. 4D07-4152.
District Court of Appeal of Florida, Fourth District.
January 23, 2008.
Rehearing Denied March 3, 2008.
Barry L. Smith, Miami, pro se.
No appearance required for appellee.
2Per curiam
Barry Smith appeals the denial of his rule 3.800(a) motion challenging his habitual violent felony offender (HVFO) sentence. Smith argued that the prior convictions on which the state relied as predicates could not be used to qualify him as an HVFO because in each case adjudication was withheld and he successfully completed probation. See…
3Cases cited5 opinions
- Overstreet v. StateSupreme Court of Florida · 1993
- Sanchez v. StateSupreme Court of Florida · 1989
- State v. OatesDistrict Court of Appeal of Florida · 1992
- State v. DavisDistrict Court of Appeal of Florida · 1998
- State v. VedaceDistrict Court of Appeal of Florida · 1999
4Cited by1 opinion
- Smith v. StateDistrict Court of Appeal of Florida · 2012