Smith v. State

907 So.2d 630 (2005)

Gerard B. SMITH, Appellant,

v.

STATE of Florida, Appellee.

No. 2D05-66.

District Court of Appeal of Florida, Second District.

July 27, 2005.

NORTHCUTT, Judge.

Gerard B. Smith appeals the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the circuit court's dismissal of claim one as facially insufficient without further comment. We reverse the denial of claim two and remand for further consideration of that claim.

In claim two of his motion, Smith alleged that he pleaded nolo contendere to his charges based on his…