Smith v. State

Full title: KIRK RODRICK SMITH a/k/a CURK SMITH, Appellant, vs. THE STATE OF FLORIDA…

Court: District Court of Appeal of Florida, Third District

Date published: Dec 15, 1999

No. 99-2860 (Fla. Dist. Ct. App. Dec. 15, 1999)

Opinion

No. 99-2860.

Opinion filed December 15, 1999.

An appeal under Fla.R.App.P. 9.140(i) from the Circuit Court for Dade County, Peter R. Lopez, Judge; L.T. No. 90-45911.

Kirk Rodrick Smith a/k/a Curk Smith, in proper person.

Robert A. Butterworth, Attorney General, for appellee.

Before JORGENSON, COPE and FLETCHER, JJ.

PER CURIAM.

Kirk Rodrick Smith filed a petition seeking to obtain two transcripts which he intended to use as the basis for the later filing of a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. The trial court denied the petition for transcripts and Smith has appealed.

We affirm on authority of Baldwin v. State, 24 Fla. L. Weekly D 2022 (Fla. 3d DCA Sept. 1, 1999). This ruling is without prejudice to Smith to follow the procedure set forth in Baldwin.

Affirmed.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.