Smith v. State
Smith v. State
Opinion of the Court
ON REMAND FROM THE FLORIDA SUPREME COURT
The Supreme Court of Florida quashed this court’s previous opinion
In this court’s prior opinion, we reversed in part the trial court’s summary denial of Smith’s motion for postconviction relief. We reversed solely as to his second ground, in which he claimed he was prejudiced by the ineffective assistance of his
Under Bates, it appears that the second ground raised in Smith’s motion may have been untimely. In any event, the supreme court decided in Dickey that misadvice about the consequences for a crime not yet committed cannot constitute ineffective assistance of counsel.
Affirmed.
. Smith v. State, 829 So.2d 940 (Fla. 4th DCA 2002), quashed, 957 So.2d 556 (Fla. 2007).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.