Legal Opinion

Smith v. State

District Court of Appeal of Florida

Decided December 21, 2018No. Case No. 5D18-3095Published

1Per curiam

Dontravis Smith appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief, in which he alleged a claim of newly-discovered evidence. In his motion, Smith alleged that Rakim Sharpe, one of the two robbery victims, had recanted his testimony identifying Smith as one of the perpetrators. Sharpe's affidavit was attached to the motion. Significantly, in his affidavit, Sharpe averred that the other victim, Willie Lofton, had admitted giving false identification testimony at trial. Because the record does not conclusively show that Smith is not…

2Cases cited3 opinions

  1. Davis v. StateSupreme Court of Florida · 2009
  2. Floyd v. StateDistrict Court of Appeal of Florida · 2016
  3. Hugo Q. Barros v. StateDistrict Court of Appeal of Florida · 2018

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