SMART v. STATE (2019)

District Court of Appeal of Florida, First District.

James E. SMART, Petitioner, v. STATE of Florida, Respondent.

No. 1D18-4119

Decided: November 08, 2019

James E. Smart, pro se, Petitioner. Ashley Moody, Attorney General, and Virginia Harris, Assistant Attorney General, Tallahassee, for Respondent.

The petition is treated as a petition for writ of habeas corpus and is dismissed. See Baker v. State, 878 So. 2d 1236 (Fla. 2004). Petitioner is unable to show manifest injustice to allow a writ of habeas corpus to issue because in Knight v. State, 267 So. 3d 38 (Fla. 1st DCA 2018), review granted, SC18-309, 2018 WL 3097727 (Fla. Jun. 25, 2018), we held harmless error applies to a claim that the trial court failed to instruct on attempted voluntary manslaughter as a necessary lesser included offense of attempted second degree murder.

Per Curiam.

B.L. Thomas, Osterhaus, and Bilbrey, JJ., concur.

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