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Smith v. State

District Court of Appeal of Florida, First District
Aug 5, 1996
677 So. 2d 960 (Fla. Dist. Ct. App. 1996)

Opinion

No. 96-456.

August 5, 1996.

Appeal from the Circuit Court, Escambia County, Edward P. Nickinson, III, J.

No brief filed, for Appellant.

No brief filed, for Appellee.


Fran L. Smith, the appellant, appeals an order denying his motion for post-conviction relief. We affirm. With regard to the allegation in Ground Four that trial counsel failed to file a proper notice of appeal despite the appellant's request, we note that the motion was properly denied because it does not assert that the request for an appeal was timely. Green v. State, 614 So.2d 1198 (Fla. 1st DCA 1993) (defendant was not entitled to postconviction relief on ground that trial counsel was ineffective for failing to appeal despite request to do so, where defendant did not allege that his request was timely); Jackson v. State, 599 So.2d 266 (Fla. 1st DCA 1992); Williams v. State, 596 So.2d 501 (Fla. 1st DCA 1992). Furthermore, with regard to all seven claims, the appellant failed to satisfy the "prejudice" prong of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).

AFFIRMED.

ALLEN and MICKLE, JJ., and SHIVERS, J., Senior Judge, concur.


Summaries of

Smith v. State

District Court of Appeal of Florida, First District
Aug 5, 1996
677 So. 2d 960 (Fla. Dist. Ct. App. 1996)
Case details for

Smith v. State

Case Details

Full title:FRAN L. SMITH, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Aug 5, 1996

Citations

677 So. 2d 960 (Fla. Dist. Ct. App. 1996)

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