¶1We affirm the trial court’s denial of appellant’s motion to amend his earlier filed petition for writ of habeas corpus, but do so without prejudice to the appellant raising the application of the supreme court’s decision in Smith v. State, 537 So.2d 982 (Fla.1989) in a motion to correct sentence, pursuant to Fla.R.Crim.P. 3.800(a). See Gibbons v. State, 543 So.2d 860 (Fla. 2d DCA 1989); Wahl v. State, 543 So.2d 299 (Fla. 2d DCA 1989).
551 So. 2d 1256
551 So.2d 1256
14 Fla.L.Weekly 2599
Elps v. State
District Court of Appeal of Florida
Decided November 8, 1989
District Court of Appeal of Florida · decided 1989-11-08
Relies on 537 So. 2d 982 - Smith v. State · 543 So. 2d 299 - Wahl v. State · 543 So. 2d 860 - Gibbons v. State
Decided 1989-11-08