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SMITH v. STATE

No. 5D03-1831.

857 So.2d 268 (2003)

Joe Louis SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 24, 2003.

Attorney(s) appearing for the Case

Joe Louis Smith, Wewahitchka, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for appellee.

PER CURIAM.

Convicted of first-degree murder and robbery, Joe Louis Smith appeals the trial court's order summarily denying his motion for post-conviction relief pursuant to Rule 3.850, Florida Rule of Criminal Procedure. He alleges three instances of ineffective assistance of trial counsel, only one of which merits discussion.

Smith complains that his trial counsel was ineffective for failure to object to a six-person jury in a capital murder case, claiming...

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