Florida District Courts of Appeal, 2010

Smith v. State

Smith v. State
Florida District Courts of Appeal · Decided March 17, 2010 · Gross, Ciklin
30 So. 3d 659; 2010 Fla. App. LEXIS 3327; 2010 WL 934107 (Southern Reporter, Third Series)

Smith v. State

Opinion

PER CURIAM.

The defendant appeals his conviction for possession of ammunition by a convicted felon. He argues his defense counsel rendered ineffective assistance of counsel in failing to request a jury instruction on “momentary possession.” We affirm the conviction, but without prejudice to allow him to raise the issue in a motion under Florida Rule Appellate Procedure 3.850.

Affirmed.

GROSS, C.J., MAY and CIKLIN, JJ., concur.

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