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30 So. 3d 659

Smith v. State

District Court of Appeal of Florida · decided 2010-03-17

Decided 2010-03-17

PER CURIAM.

¶1 The defendant appeals his conviction for possession of ammunition by a convicted felon. He argues his defense counsel rendered ineffective assistance of counsel in failing to request a jury instruction on “momentary possession.” We affirm the conviction, but without prejudice to allow him to raise the issue in a motion under Florida Rule Appellate Procedure 3.850.

¶2 Affirmed.

GROSS, C.J., MAY and CIKLIN, JJ., concur.
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