Florida District Courts of Appeal, 1974

Smart v. State

Smart v. State
Florida District Courts of Appeal · Decided January 17, 1974 · Boyer, McCord, Spector
290 So. 2d 84; 1974 Fla. App. LEXIS 7972 (Southern Reporter, Second Series)

Smart v. State

Opinion of the Court

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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