Florida District Courts of Appeal, 2002

Tolin v. State

Tolin v. State
Florida District Courts of Appeal · Decided August 12, 2002 · Kahn, Miner, Webster
824 So. 2d 260; 2002 Fla. App. LEXIS 11395; 2002 WL 1828126 (Southern Reporter, Second Series)

Tolin v. State

Opinion of the Court

PER CURIAM.

The Florida Supreme Court’s decision in Major v. State, 814 So.2d 424, 431 (Fla. 2002), bars the appellant’s claim that his counsel failed to advise him of the potential recidivist consequences of his plea. This is not to be confused with our determination that a claim of affirmative mis-advice on the same issue is similarly precluded. See Bates v. State, 818 So.2d 626, (Fla. 1st DCA 2002).

AFFIRMED.

MINER, KAHN and WEBSTER, JJ., concur.

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