Florida District Courts of Appeal, 2004

Smith v. State

Florida District Courts of Appeal · Decided February 4, 2004 · Cope, Ramirez, Shevin

864 So. 2d 583; 2004 Fla. App. LEXIS 911; 2004 WL 231246 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Cowart v. State (Fla. Dist. Ct. App. 2004)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

On Rehearing Granted

PER CURIAM.

Upon consideration of the State’s motion for rehearing, we withdraw our previous opinion and substitute the following opinion.

On examining the plea colloquy from Miami-Dade County Circuit Court case number 97-8596, a fair reading is that defendant-appellant Smith entered his plea on count 4 to the crime as charged. It *584follows that the defendant qualifies as a habitual violent felony offender.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.