Legal Opinion

Smith v. State

District Court of Appeal of Florida

Decided March 16, 2011No. 4D10-5226PublishedCited by 3 opinions

1Opinion of the CourtGross, C.J.

Abel Smith petitions this court for a writ of habeas corpus. He claims that he is illegally incarcerated and entitled to the same relief that this court granted to his co-defendant. Along with his sworn petition, Smith filed a copy of an order purporting to be from this court. The order is a fake. We deny Smith’s petition.

After a jury trial, Smith was convicted of robbery with a firearm, a crime he committed at a convenience store with the help of a co-defendant. His conviction was affirmed on direct appeal. Smith v. State, 948 So.2d 770 (Fla. 4th DCA 2007) (per curiam affirmance).

Smith filed…

2Cases cited3 opinions

  1. State v. SpencerSupreme Court of Florida · 1999
  2. State v. BalloneDistrict Court of Appeal of Florida · 1982
  3. State v. FaidyDistrict Court of Appeal of Florida · 2006

3Cited by3 opinions

  1. CHRISTOPHER LEE LIPPETT v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2019
  2. Harjo v. StateDistrict Court of Appeal of Florida · 2014
  3. Mark D. Hadley v. State of FloridaFlorida Third District Court of Appeal · 2026

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