THOMAS E. SMAIL
v.
STATE
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The trial court's order is affirmed without prejudice to appellant filing an appropriate motion for postconviction relief as to claims one and eight.
[1] An appellate court may affirm a trial court's order without prejudice to the appellant's right to file an appropriate motion for postconviction relief on specified claims…
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Join FLexlaw to unlock all legal intelligenceThomas Earl Smail appealed an order from the Circuit Court for Citrus County. The appeal involved claims one and eight among others.…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
THOMAS EARL SMAIL,
Appellant,
v. Case No. 5D18-753
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed June 8, 2018
3.801 Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge.
Thomas Earl Smail, Raiford, pro se.
Pamela Jo Bondi, Attorney General, Tallahassee, and Marjorie Vincent-Tripp, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
We affirm the order under review without prejudice to Appellant filing an appropriate motion for postconviction relief as to claims one and eight.
AFFIRMED.
COHEN, C.J., SAWAYA and EVANDER, JJ., concur.