198 So. 2d 827 - Smith v. State

How this case has been cited

Cited by 3 later decisions — most recently December 1991

2 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

PER CURIAM.

¶1By petition for certiorari we are requested to review a decision of the District Court of Appeal, Second District, in Smith v. State, 184 So.2d 458.

¶2The petition has been lodged in this Court eighty-three days after the entry of the decision sought to be reviewed. The petition is therefore not timely filed and must be dismissed sua sponte.

¶3An examination of the claims asserted by the petitioner suggest potential merit. The petition is therefore dismissed, but without prejudice to the petitioner to renew his motion in the trial court under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix, and thereby to assert any rights available to him under our decision in Smith v. State, Fla., 197 So.2d 497, opinion filed April 12th, 1967.

¶4It is so ordered.

THORNAL, C. J., and THOMAS, ROBERTS, O’CONNELL and ERVIN, JJ., concur.