Green v. State
Green v. State
Opinion of the Court
Green appeals from the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. He seeks to challenge his conviction and sentence in 1996 for armed burglary, aggravated assault, obstructing an officer with violence and carrying a concealed firearm, on the basis that his plea of guilty in that case was involuntary because he was not represented by counsel. Green alleges the trial court failed to advise him of his right to counsel, although he had been declared indigent, and he alleges he did not waive the right to counsel. He also alleges the court failed to advise him of the possibility that his conviction in that case could be used to enhance a criminal sentence he might receive in the future. We affirm.
The trial court correctly ruled that this motion is untimely. Green was sentenced on October 3, 1996, and took no appeal. That was the definitive date from which the time limits stated in rule 3.850 commenced to run in this case.
In addition, there is no requirement that a trial court advise a defendant that his conviction resulting from a plea could be used in the future to enhance future criminal sentences. See Major v. State, 814 So.2d 424 (Fla. 2002). See also McKowen v. State, 831 So.2d 794 (Fla. 5th DCA 2002); Jerry v. State, 816 So.2d 1247 (Fla. 5th DCA), rev. denied, 837 So.2d 410 (Fla. 2003).
AFFIRMED.
. The fact that Green was placed on probation and that his probation was later revoked because he committed subsequent crimes, does not extend the time period under rule 3.850 for him to seek to withdraw his plea, or to bring other collateral attacks on his convictions in this case. See Green v. State, 828 So.2d 462 (Fla. 5th DCA 2002), rev. denied, 842 So.2d 844 (Fla. 2003) (appealing new conviction and revocation of probation).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.