SMITH v. STATE

No. 2D09-4215.

34 So.3d 818 (2010)

Robert E. SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 21, 2010.


Attorney(s) appearing for the Case

Robert E. Smith, pro se.


KHOUZAM, Judge.

Robert E. Smith appeals the dismissal of his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse the dismissal and remand for the trial court to consider Smith's motion.

At the time that the trial court dismissed the motion at issue here, Smith had a pending appeal in this court in case number 2D08-5917 challenging the denial of a prior postconviction motion. Our record does not reveal whether the issues...

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