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SMITH v. STATE

No. 5D08-1715.

990 So.2d 1199 (2008)

Benjamin SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 19, 2008.

Attorney(s) appearing for the Case

Joseph C. Bodiford of Bodiford Law, P.A., Tampa, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee.

EVANDER, J.

Smith appeals the summary denial of his amended second Rule 3.8501 motion for post-conviction relief. In May 2000, Smith was convicted, after a jury trial, of first degree murder, attempted first degree murder, and attempted burglary of a vehicle. His conviction was per curiam affirmed and this court issued its mandate on June 1, 2001. See Smith v. State, 787 So.2d 874 (Fla. 5th DCA 2001). Smith filed his first...

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