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Mr. Wilbur Charles Smith III
Mr. Wilbur Charles Smith III
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Bar #129584(FL)     License for 54 years; Member in Good Standing
Fort Myers FL

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07-002104  WYATT O. HENDERSON vs DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT  (2007)
Division of Administrative Hearings, Florida Filed: May 10, 2007
Whether Petitioner, who was convicted of three felony counts in federal court, must forfeit his rights and benefits under the Florida Retirement Systems (FRS), pursuant to Section 112.3173, Florida Statutes (2006).1 Whether Petitioner's conviction in U.S. District Court in the underlying criminal case is not final because a petition for writ of habeas corpus, based upon ineffective assistance of trial counsel, is pending in the U.S. District Court.Petitioner convicted of three felony counts, in Federal court, must forfeit retirement benefits because convictions involved breach of public trust; pending Habeas Corpus petition not grounds for stopping forfeiture.

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