Florida District Courts of Appeal, 2002

Bain v. State

Bain v. State
Florida District Courts of Appeal · Decided November 15, 2002 · Davis, Green, Silberman
830 So. 2d 894; 2002 Fla. App. LEXIS 16967; 2002 WL 31525679 (Southern Reporter, Second Series)

Bain v. State

Opinion of the Court

SILBERMAN, Judge.

John Bain challenges the trial court’s order summarily denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm. In his motion, Bain alleged that his plea was involuntary because defense counsel affirmatively mi-sadvised him that these convictions could not be used in the future as prior offenses for sentencing purposes. In Stansel v. State, 825 So.2d 1007 (Fla. 2d DCA 2002), we held that this claim is not cognizable in a rule 3.850 motion. We certify the same question that we certified in Stansel.

Affirmed.

GREEN and DAVIS, JJ., Concur.

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