Smith v. State

ON REMAND FROM THE SUPREME COURT OF FLORIDA

ALTENBERND, Judge.

In 2013, this court affirmed the postcon-viction court’s summary dismissal of Donnell Smith’s motion filed under Florida Rule of Criminal Procedure 3.800(a) with an opinion that merely cited to several precedents. Smith v. State, 110 So.3d 458 (Fla. 2d DCA 2013) (table). Among the citations, we cited Plott v. State, 86 So.3d 516 (Fla. 2d DCA 2012) (Plott I). Plott I was subsequently quashed by the Supreme Court of Florida in Plott v. State, 148 So.3d 90, 95 (Fla.2014) (Plott II). Based on the citation to Plott I in our affirmance,…