MARK SHERWOOD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Affirmed. Even if we assume that appellant’s motion for postconviction relief is timely as based on newly discovered facts (the use of his prior conviction to enhance a subsequent conviction), it is without merit.
Appellant claims that his trial counsel was ineffective in failing to advise appellant that his conviction in this case could be used to enhance future sentences.
Under Florida Rule of Criminal Procedure 3.171(c)(2), a defense attorney shall advise the defendant of “all pertinent matters bearing on the choice of which plea to enter and the particulars attendant upon each plea and the likely results thereof....” In State v. Ginebra, 511 So. 2d 960, 962 (Fla.1987), superseded by rule on other grounds as stated in State v. De Abreu, 613 So. 2d 453 (Fla.1993), the supreme court held that an attorney is required to advise a defendant only of the direct consequences of a potential plea and is not ineffective in failing to advise a defendant of collateral consequences. See also Daniels v. State, 716 So. 2d 827, 828 (Fla. 4th DCA 1998); State v. Will, 645 So. 2d 91, 94 (Fla. 3d DCA 1994).
The use of a conviction to enhance a future sentence is clearly a collateral consequence of a plea and does not render a plea involuntary. See Rhodes v. State, 701 So. 2d 388, 389 (Fla. 3d DCA 1997).
WARNER, C.J., DELL and POLEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Smith v. State, 784 So. 2d 460 (Fla. 4th DCA 2000)…t of the direct consequences of a plea and will not be found ineffective for failing to advise of collateral consequences of the plea), superseded by rule on other grounds as stated in State v. De Abreu, 613 So. 2d 453 (Fla.1993); Sherwood v. State, 743 So. 2d 1196 (Fla. 4th DCA 1999)(on rehearing).…
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Bates v. State, 818 So. 2d 626 (Fla. 1st DCA 2002)…t of the direct consequences of a plea and will not be found ineffective for failing to advise of collateral consequences of the plea), superseded by rule on other grounds as stated in State v. De Abreu, 613 So. 2d 453 (Fla.1993); Sherwood v. State, 743 So. 2d 1196 (Fla. 4th DCA 1999)(on rehearing). .Rhodes also pointed out that both Florida and federal courts have distinguished attempts to vacate pleas based on affirmative misadviee from those alleging failure to advise, but none of those "affirmative misad-…
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Bismark v. State, 796 So. 2d 584 (Fla. 2d DCA 2001)…er proceedings. Thus, although we are in agreement with prior case law holding that future sentence-enhancing effects of a conviction are collateral consequences of which a defendant need not be informed, Bethune, 774 So. 2d at 5; Sherwood v. State, 743 So. 2d 1196 (Fla. 4th DCA 1999); State v. Fox, 659 So. 2d 1324 (Fla. 3d DCA 1995), we believe that the supreme court may have implicitly overruled that case law in Wood and Perry. If we were to so hold, however, our ruling would have wide-ranging consequences.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Ginebra, 511 So. 2d 960 (Fla. 1987)
- Freeman Daniels v. State, 716 So. 2d 827 (Fla. 4th DCA 1998)
- Rhodes v. State, 701 So. 2d 388 (Fla. 3d DCA 1997)
- State v. de Abreu, 613 So. 2d 453 (Fla. 1993)
- State v. Will, 645 So. 2d 91 (Fla. 3d DCA 1994)