Florida District Courts of Appeal, 2015

Smith v. State

Florida District Courts of Appeal · Decided September 18, 2015 · Lambert, Lawson, Orfinger

174 So. 3d 1105; 2015 Fla. App. LEXIS 13900; 2015 WL 5456541 (Southern Reporter, Third Series)

Cases that cite this one

1 later published case cites this decision.

Dontravis Smith v. State (Fla. Dist. Ct. App. 2016)

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

PER CURIAM.

Dontravis Smith appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm without discussion the trial court’s denial of claims one, two, three, and four. However, as to claim five, the record does not conclusively refute the claim of newly discovered evidence. Accordingly, we reverse and remand for an evidentiary hearing as to only that claim.

AFFIRMED in part; REVERSED in part; and REMANDED.

LAWSON, C.J., ORFINGER and LAMBERT, JJ. concur.

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