Florida District Courts of Appeal, 2002

Smith v. State

Smith v. State
Florida District Courts of Appeal · Decided October 18, 2002 · Altenbernd, Northcutt, Whatley
831 So. 2d 221; 2002 Fla. App. LEXIS 15183; 2002 WL 31323430 (Southern Reporter, Second Series)
Smith v. State

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Opinion of the Court

PER CURIAM.

Rickey Smith 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, Smith alleged that his plea was involuntary because defense counsel affirmatively misadvised him regarding the future senteneing-enhancing effects of the plea in regard to an as yet uncommitted crime. 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. We affirm, without discussion, any other issues raised by Smith in his motion.

ALTENBERND, WHATLEY, and NORTHCUTT, JJ., Concur.

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