Florida District Courts of Appeal, 2003

Harrison v. State

Harrison v. State
Florida District Courts of Appeal · Decided February 14, 2003 · Casanueva, Northcutt, Whatley
837 So. 2d 598; 2003 Fla. App. LEXIS 1578; 2003 WL 327656 (Southern Reporter, Second Series)

Harrison v. State

Opinion of the Court

NORTHCUTT, Judge.

Johnny Harrison challenges the trial court’s order summarily denying his mo*599tion filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm.

In his motion, Harrison alleged that his plea was involuntary because defense counsel affirmatively misadvised him regarding the future sentence 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.

Affirmed.

WHATLEY and CASANUEVA, JJ„ Concur.

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