Smith v. State

Full title: Dontravis SMITH, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Fifth District.

Date published: Sep 18, 2015

174 So. 3d 1105 (Fla. Dist. Ct. App. 2015)

Opinion

No. 5D15–1500.

2015-09-18

Dontravis SMITH, Appellant, v. STATE of Florida, Appellee.

3.850 Appeal from the Circuit Court for Orange County, Mark S. Blechman, Judge. Dontravis Smith, Lake City, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

3.850 Appeal from the Circuit Court for Orange County, Mark S. Blechman, Judge.
Dontravis Smith, Lake City, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.

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.