SMITH v. STATE

Nos. 5D12-2603, 5D12-2604, 5D12-2605.

119 So.3d 530 (2013)

Mark Anthony SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 16, 2013.


Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Susan A. Fagan , Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Douglas T. Squire , Assistant Attorney General, Daytona Beach, for Appellee.


ORFINGER, J.

Mark Anthony Smith appeals the denial of his second motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850.1 Relying on Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), Smith argues his aggregate forty-year concurrent prison term-of-years sentences for three counts of burglary of a dwelling with a weapon and an assault or battery...

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