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SMITH v. STATE

No. 3D01-567.

791 So.2d 1253 (2001)

Keith L. SMITH, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 22, 2001.

Attorney(s) appearing for the Case

Keith L. Smith, in proper person.

Robert A. Butterworth, Attorney General, and Darien M. Doe, Assistant Attorney General, for appellee.

Before COPE and GERSTEN, JJ., and NESBITT, Senior Judge.

PER CURIAM.

Keith L. Smith was sentenced as a violent career criminal. The statute was held unconstitutional for the time period relevant to the defendant's crime date. See Salters v. State, 758 So.2d 667 (Fla.2000).

Defendant-appellant Smith filed a motion for postconviction relief which the trial court granted. The court resentenced the defendant as a habitual offender. Neither the defendant nor counsel was present...

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