SMITH
v.
STATE

Fla. 3d DCA | 2018-06-06
No. 14-1635
43 Fla. L. Weekly S177 Florida District Court of Appeal, Third District (2018) Positive Treatment
Also reported at: 245 So. 3d 1012
Cited by 1 case

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Holding

Smith's conviction and sentence for armed burglary are reinstated and affirmed following remand from the Florida Supreme Court.


Facts & Procedural History

Earvin Smith was convicted and sentenced for armed burglary in Miami-Dade County. The Third District Court of Appeal had initially reversed his convic…

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Opinion of the Court

PER CURIAM.

ON REMAND FROM THE FLORIDA SUPREME COURT This case returns to us from the Florida Supreme Court, which quashed that portion of our earlier decision reversing Smith’s conviction and sentence for armed burglary.1 See State v. Smith, 43 Fla. L. Weekly S177 (Fla. April 12, 2018). In accordance with the Florida Supreme Court’s opinion and pursuant to its mandate, we reinstate and affirm Earvin Smith’s conviction and sentence for armed burglary.

Footnotes
1 Smith v. State, 211 So. 3d 176 (Fla. 3d DCA 2016). We stayed the issuance of our mandate pending review by the Florida Supreme Court.

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