Smith v. State

Carolyn Smith entered a nolo contende-re plea to two felony counts and was sentenced to twenty years incarceration. She filed a Notice of Appeal “seeking to appeal the sentence,” but then voluntarily dismissed her appeal. Eleven months after her sentencing hearing, Smith filed a motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850, alleging that her trial counsel was ineffective because he failed to call favorable witnesses and because he misled her as to the consequences of her plea.

The trial court treated Smith’s motion as a motion filed pursuant to Florida…