Smith — Fifth District affirms in Rule 3.850 appeal

Case
Jihad Abdul Smith v. State of Florida
Court
Florida Fifth District Court of Appeal
Judge
Makar; Harris; Soud
Date Decided
October 27, 2026
Docket No.
5D2025-0049
Topics
Postconviction Relief, Rule 3.850, Criminal Appeals
Source
Read the full opinion

Background

Jihad Abdul Smith appealed in a proceeding under Florida Rule of Criminal Procedure 3.850. The appeal arose from the Circuit Court for Duval County, where Judge Mark Jeffrey Borello presided under lower-tribunal case number 2017-CF-003079-A.

The Fifth District’s opinion does not describe Smith’s conviction, his postconviction claims, the circuit court’s specific ruling, or the parties’ arguments on appeal.

The Court’s Holding

The Florida Fifth District Court of Appeal affirmed. Judges Makar, Harris, and Soud concurred in the per curiam decision.

The written opinion contains no analysis or explanation for the affirmance. It was designated nonfinal until disposition of any timely and authorized motion under Florida Rules of Appellate Procedure 9.330 or 9.331.

Key Takeaways

  • The Fifth District affirmed in Smith’s Rule 3.850 appeal.
  • The opinion does not identify the precise ruling entered by the circuit court.
  • The court provided no reasoning or discussion of Smith’s postconviction claims.

Why It Matters

The decision leaves the circuit court’s ruling in place but supplies no explanation that would clarify the governing law or the basis for the appellate court’s result.

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