Florida District Courts of Appeal, 2003

Bivens v. State

Florida District Courts of Appeal · Decided March 5, 2003 · Hazouri, Taylor

840 So. 2d 355; 2003 Fla. App. LEXIS 2592; 2003 WL 729198 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Louis v. State (Fla. Dist. Ct. App. 2004)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

We affirm the order below without prejudice for Appellant to refile his motion for post conviction relief alleging facts supporting his entitlement to relief on the basis of this Court’s decision in Smith v. State, 784 So.2d 460 (Fla. 4th DCA 2000)(holding allegations of affirmative misadviee by trial counsel on the sentence-enhancing consequences of a defendant’s plea for future criminal behavior are cognizable as an ineffective assistance of counsel claim). Upon remand, the court is directed to determine whether laches bars Appellant relief.

TAYLOR, HAZOURI and MAY, JJ., concur.

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