Florida District Courts of Appeal, 2005

Harris v. State

Harris v. State
Florida District Courts of Appeal · Decided October 28, 2005 · Kelly, Stringer, Whatley
912 So. 2d 1254; 2005 Fla. App. LEXIS 17044; 2005 WL 2807359 (Southern Reporter, Second Series)

Harris v. State

Opinion of the Court

PER CURIAM.

Affirmed. See Bolender v. State, 658 So.2d 82 (Fla. 1995); Alexander v. State, 830 So.2d 899 (Fla. 2d DCA 2002); Brown v. State, 827 So.2d 1054 (Fla. 2d DCA 2002). As this court did in Alexander, 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.

WHATLEY, STRINGER, and KELLY, JJ., Concur.

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