District Court of Appeal of Florida
Filed: Jan. 21, 2011
Citations: 52 So. 3d 821
52 So. 3d 821 (2011) STATE of Florida, Appellant, v. Benjamin E. SMITH, Appellee. No. 5D09-1855. District Court of Appeal of Florida, Fifth District. January 21, 2011. *822 Pamela Jo Bondi, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellant. James S. Purdy, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellee. GRIFFIN, J. In 2000, Benjamin Smith ["Smith"] was found guilty of first degree murder, att..