Florida District Courts of Appeal, 2003

McClendon v. State

McClendon v. State
Florida District Courts of Appeal · Decided December 10, 2003 · Canady, Villanti, Wallace
861 So. 2d 1213; 2003 Fla. App. LEXIS 18746; 2003 WL 22900458 (Southern Reporter, Second Series)

McClendon v. State

Opinion of the Court

PER CURIAM.

Affirmed. See Alexander v. State, 830 So.2d 899 (Fla. 2d DCA 2002); Camille v. State, 803 So.2d 910 (Fla. 2d DCA 2002). As this court did in Alexander, 830 So.2d at 899-900, we certify the same question of great public importance, to wit:

WHETHER ALLEGATIONS OF AFFIRMATIVE MISADVICE BY TRIAL COUNSEL ON THE SENTENCE ENHANCING CONSEQUENCES OF A DEFENDANT’S PLEA FOR FUTURE CRIMINAL BEHAVIOR IN AN OTHERWISE FACIALLY SUFFICIENT MOTION ARE COGNIZABLE AS AN INEFFECTIVE ASSISTANCE OF COUNSEL CLAIM.

Affirmed; question certified.

CANADY, VILLANTI and WALLACE, JJ., Concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.