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Smith v. State

Florida Court of Appeals, Third District
Nov 10, 2021
No. 3D21-1897 (Fla. Dist. Ct. App. Nov. 10, 2021)

Opinion

3D21-1897

11-10-2021

Domonique Smith, Appellant, v. The State of Florida, Appellee.

Domonique Smith, in proper person. Ashley Moody, Attorney General, for appellee.


Opinion filed November 10, 2021. Not final until disposition of timely filed motion for rehearing.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County Lower Tribunal No. F00-10701 Thomas J. Rebull, Judge.

Domonique Smith, in proper person.

Ashley Moody, Attorney General, for appellee.

Before EMAS, LINDSEY and GORDO, JJ.

PER CURIAM.

Affirmed. State v. Hackley, 95 So.3d 92, 94 (Fla. 2012) ("The plain language of the burglary, assault, and PRR statutes leads us to conclude that burglary of a conveyance with an assault is a qualifying PRR offense. Because burglary of a conveyance with an assault is a felony that necessarily involves the 'threat by word or act to do violence to the person of another,' it falls within subsection (o) of the PRR statute, which covers '[a]ny felony that involves the use or threat of physical force or violence against an individual.'" (quoting section 775.082(9)(a)1(o), Fla. Stat. (2006))).


Summaries of

Smith v. State

Florida Court of Appeals, Third District
Nov 10, 2021
No. 3D21-1897 (Fla. Dist. Ct. App. Nov. 10, 2021)
Case details for

Smith v. State

Case Details

Full title:Domonique Smith, Appellant, v. The State of Florida, Appellee.

Court:Florida Court of Appeals, Third District

Date published: Nov 10, 2021

Citations

No. 3D21-1897 (Fla. Dist. Ct. App. Nov. 10, 2021)