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SMITH v. STATE

No. 4D10-1474.

71 So.3d 246 (2011)

Felix A. SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 12, 2011.

Attorney(s) appearing for the Case

Felix A. Smith , West Palm Beach, pro se.

Pamela Jo Bondi , Attorney General, Tallahassee, and Katherine Y. McIntire , Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Felix A. Smith appeals an order denying his rule 3.800 motion for post-conviction relief as successive and barring him from any future filings. State v. Spencer, 751 So.2d 47 (Fla.1999). Smith argues that the trial court erred in finding his motion successive and when imposing the sanctions without first issuing an order to show cause. We agree and reverse.

As the State recognizes within its response to...

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