Legal Opinion

Smith v. State

District Court of Appeal of Florida

Decided October 2, 1991No. 91-2562Published

1Per curiam

Affirmed. The trial court did not err in summarily denying appellant’s petition for rule 3.850 relief. The petition is insufficient on its face in that it does not set forth the date of the alleged crimes as they relate to the repeal of section 817.036, Florida Statutes (1978), effective October 1, 1987. See Shields v. State, 78 Fla. 524, 83 So. 391 (1919); Whatley v. State, 46 Fla. 145, 35 So. 80 (1903); Helmig v. State, 330 So.2d 246 (Fla. 1st DCA 1976).

LETTS, GAVIN K., HERSEY, GEORGE W., and DELL, JOHN W., Associate Judges, concur.

2Cases cited3 opinions

  1. Whatley v. StateSupreme Court of Florida · 1903
  2. Shields v. StateSupreme Court of Florida · 1919
  3. Helmig v. StateDistrict Court of Appeal of Florida · 1976