Florida District Courts of Appeal, 1991

Smith v. State

Smith v. State
Florida District Courts of Appeal · Decided October 2, 1991 · Dell, Gavin, George, Hersey, John, Letts
592 So. 2d 258; 1991 Fla. App. LEXIS 9982; 1991 WL 193345 (Southern Reporter, Second Series)

Smith v. State

Opinion of the Court

PER CURIAM.

Affirmed. The trial court did not err in summarily denying appellant’s petition for rule 3.850 relief. The petition is insufficient on its face in that it does not set forth the date of the alleged crimes as they relate to the repeal of section 817.036, Florida Statutes (1978), effective October 1, 1987. See Shields v. State, 78 Fla. 524, 83 So. 391 (1919); Whatley v. State, 46 Fla. 145, 35 So. 80 (1903); Helmig v. State, 330 So.2d 246 (Fla. 1st DCA 1976).

LETTS, GAVIN K., HERSEY, GEORGE W., and DELL, JOHN W., Associate Judges, concur.

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