Smart v. State

District Court of Appeal of Florida

Smart v. State

290 So. 2d 84, 1974 Fla. App. LEXIS 7972

Procedural entryThis page is a short order in Smart v. State. Read the opinion of the Court — 274 So. 2d 577 →

District Court of Appeal of Florida·Decided January 17, 1974·No. No. U-160·Published

Opinion

PER CURIAM.

This is an appeal from an order denying a successive petition for post-conviction relief filed under Criminal Procedure Rule 3.850, 33 F.S.A. The ground for relief asserted in the instant petition or motion was considered in an earlier petition or motion and rejected by the court. In Smart v. State, 258 So.2d 521 (Fla.App.1972), this court affirmed the order denying the first quest for post-conviction relief. Inasmuch as the ground for relief asserted herein has earlier been considered and rejected, we must on authority of Grant v. State, 224 So.2d 721 (Fla.App.2d 1969), affirm the order reviewed herein.

SPECTOR, Acting C. J., and BOYER and McCORD, J J., concur.

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PER CURIAM.

This is an appeal from an order denying a successive petition for post-conviction relief filed under Criminal Procedure Rule 3.850, 33 F.S.A. The ground for relief asserted in the instant petition or motion was considered in an earlier petition or motion and rejected by the court. In Smart v. State, 258 So.2d 521 (Fla.App.1972), this court affirmed the order denying the first quest for post-conviction relief. Inasmuch as the ground for relief asserted herein has earlier been considered and rejected, we must on authority of Grant v. State, 224 So.2d 721 (Fla.App.2d 1969), affirm the order reviewed herein.

SPECTOR, Acting C. J., and BOYER and McCORD, J J., concur.

Smart v. State, 290 So. 2d 84, 1974 Fla. App. LEXIS 7972 (Fla. Ct. App. 1974).

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Opinion

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