SMITH v. STATE

No. 1D04-1006.

874 So.2d 1260 (2004)

Charles E. SMITH, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, First District.

June 10, 2004.


Attorney(s) appearing for the Case

Charles E. Smith, pro se, petitioner.

Charlie Crist, Attorney General, Tallahassee, for respondent.


PER CURIAM.

Charles E. Smith petitions this court for a writ of mandamus, arguing that his conviction is invalid because the jury was allowed to consider certain evidence which should have been excluded under the test set forth in Frye v. United States, 293 F. 1013 (D.C.Cir.1923). Petitioner candidly admits that this claim has previously been considered by this court and rejected. We again deny relief, finding that the petition is procedurally barred.

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