Smith v. State
District Court of Appeal of Florida
1Per curiam
Edward F. Smith appeals the denial of his untimely and successive Rule 3.850 motion again attempting to collaterally challenge his 1996 conviction and sentence. The November 2012 motion raises a frivolous claim of newly discovered evidence. He claims that the prosecutor was an “imposter” because he was allegedly not designated or appointed to sign the indictment. It is well-established that this type of claim is frivolous. Roker v. State, 25 *156So.3d 647 (Fla. 4th DCA 2010). An allegation that a charging document was not properly signed or verified provides no basis for postconviction relief.…
2Cases cited3 opinions
- State v. SpencerSupreme Court of Florida · 1999
- Logan v. StateDistrict Court of Appeal of Florida · 2009
- ROKER v. StateDistrict Court of Appeal of Florida · 2010
3Cited by6 opinions
- Holley v. StateDistrict Court of Appeal of Florida · 2013
- KARLA LORRAINE WOOTEN v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018
- KARLA LORRAINE WOOTEN v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018
- LUCIEN ALEXIS v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018
- TERON L. JONES v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2019
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