Affirmed, without prejudice to appellant’s rights to refile his motion, for post-conviction relief, in the time remaining under the law, alleging the necessary facts to support his claim of affirmative misadvice of counsel under Smith v. State, 784 So.2d 460 (Fla. 4th DCA 2000). See Bivens v. State, 840 So.2d 355 (Fla. 4th DCA 2003).