SMITH v. STATE

No. 4D08-1962.

2 So.3d 1073 (2009)

Michael S. SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 20, 2009.


Attorney(s) appearing for the Case

Michael S. Smith, Southbay, pro se.

Bill McCollum, Attorney General, Tallahassee and Mitchell A. Egber, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

The defendant appeals an order denying his rule 3.850 motion for post-conviction relief and an order preventing him from any future filings. He argues that the trial court erred in finding his motion successive and untimely. We agree and reverse.

There is no doubt the defendant's multiple filings have confused the issue. The following is a chronology of the defendant's case.

Aug. 2000 Defendant convicted of Second Degree Murder ...

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