Florida District Courts of Appeal, 2005

Gilchrist v. State

Gilchrist v. State
Florida District Courts of Appeal · Decided April 15, 2005 · Davis, Kelly, Villanti
898 So. 2d 1210; 2005 Fla. App. LEXIS 5226; 2005 WL 856124 (Southern Reporter, Second Series)

Gilchrist v. State

Opinion of the Court

PER CURIAM.

Affirmed. See Carter v. State, 786 So.2d 1173 (Fla. 2001); Alexander v. State, 830 So.2d 899 (Fla. 2d DCA 2002); Brown v. State, 827 So.2d 1054 (Fla. 2d DCA 2002); McGee v. State, 684 So.2d 241 (Fla. 2d DCA 1996). As this court did in Alexander, 830 So.2d at 899-900, we certify the same question of great public importance:

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

Affirmed; question certified.

DAVIS, KELLY, and VILLANTI, JJ., Concur.

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