DARRELL T. SMITH JR. v. State

District Court of Appeal of Florida

DARRELL T. SMITH JR. v. State

CourtDistrict Court of Appeal of Florida

DecidedFebruary 10, 2021

Docket20-1275

StatusPublished

This text of DARRELL T. SMITH JR. v. State (DARRELL T. SMITH JR. v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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DARRELL T. SMITH JR. v. State, (Fla. Ct. App. 2021).

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Opinion

Third District Court of Appeal State of Florida

Opinion filed February 10, 2021. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D20-1275 Lower Tribunal No. 11-25865 ________________

Darrell T. Smith Jr., Appellant,

vs.

The State of Florida, Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Christina Marie DiRaimondo, Judge.

Darrell T. Smith Jr., in proper person.

Ashley Moody, Attorney General, for appellee.

Before EMAS, C.J., and GORDO and BOKOR, JJ.

PER CURIAM. Affirmed. See Asay v. State, 210 So. 3d 1, 22 (Fla. 2016) (“[W]hen

reviewing a court's summary denial of a successive [postconviction] motion

. . . [the appellate court] will affirm the ruling if the record conclusively shows

that the movant is entitled to no relief.”); Harris v. State, 801 So. 2d 973, 974

(Fla. 2d DCA 2001) (affirming the denial of a rule 3.850 motion as successive

following denial of a prior rule 3.170(l) motion).

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