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Smith v. State

District Court of Appeal of Florida, Second District
Oct 25, 1991
592 So. 2d 258 (Fla. Dist. Ct. App. 1991)

Opinion

No. 91-2562.

October 2, 1991. Rehearing Denied October 25, 1991.

Appeal of order denying rule 3.850 motion from the Circuit Court for Polk County; J. Tim Strickland, Judge.

Vaughn C. Brennan of Warfield Santurri, P.A., Pensacola, for appellant.

No appearance required for appellee.


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.


Summaries of

Smith v. State

District Court of Appeal of Florida, Second District
Oct 25, 1991
592 So. 2d 258 (Fla. Dist. Ct. App. 1991)
Case details for

Smith v. State

Case Details

Full title:STEPHEN L. SMITH, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Oct 25, 1991

Citations

592 So. 2d 258 (Fla. Dist. Ct. App. 1991)