Florida District Courts of Appeal, 1989

Elps v. State

Elps v. State
Florida District Courts of Appeal · Decided November 8, 1989 · Shivers, Wentworth, Wigginton
551 So. 2d 1256; 14 Fla. L. Weekly 2599; 1989 Fla. App. LEXIS 6307; 1989 WL 135516 (Southern Reporter, Second Series)

Elps v. State

Opinion of the Court

PER CURIAM.

We affirm the trial court’s denial of appellant’s motion to amend his earlier filed petition for writ of habeas corpus, but do so without prejudice to the appellant raising the application of the supreme court’s decision in Smith v. State, 537 So.2d 982 (Fla. 1989) in a motion to correct sentence, pursuant to Fla.R.Crim.P. 3.800(a). See Gibbons v. State, 543 So.2d 860 (Fla. 2d DCA 1989); Wahl v. State, 543 So.2d 299 (Fla. 2d DCA 1989).

SHIVERS, C.J., and WENTWORTH and WIGGINTON, JJ., concur.

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