State v. Smith

In 2000, Benjamin Smith [“Smith”] was found guilty of first degree murder, attempted first degree murder and attempted burglary of a vehicle. He was sentenced to life imprisonment for the murder, fifteen years for the attempted murder and three years for the burglary. 1 This Court per curiam affirmed his initial appeal. See Smith v. State, 787 So.2d 874 (Fla. 5th DCA 2001).

The events surrounding the trial and the trial testimony were set forth by this Court in a prior opinion:

On February 3, 1996, at approximately 10:30 p.m., the victims, Ellis Tapley and Kenneth Dozier, and several of their…