THEARON SAMPSON, A/K/A RON SAMPSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2001-04-25
No. 2D00-2243
THREADGILL; A.C.J., and FULMER and GREEN, JJ., concur.
794 So. 2d 631 Florida District Court of Appeal, Second District (2001) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Thearon Sampson appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Sampson alleges that his plea was involuntary because the trial court did not adequately advise him of the consequences of habitualization. Sampson’s claim, although not refuted by the record attachments, is facially insufficient. See Newsome v. State, 704 So. 2d 213 (Fla. 2d DCA 1998). We therefore affirm the trial court’s order without prejudice to Sampson’s right to file a facially sufficient rule 3.850 motion. We affirm the denial of Sampson’s remaining claim without comment.

THREADGILL; A.C.J., and FULMER and GREEN, JJ., concur.


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  • …PER CURIAM. We have for review a decision of the Second District Court of Appeal, which certified a question to be of great public importance. See Media Gen. Convergence, Inc. v. Chief Judge of the Thirteenth Judicial Circuit, 794 So. 2d 631, 636 (Fla. 2d DCA 2001).1 We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. Because the Second District’s certified question is broader than the actual dispute in this case, we rephrase and divide the question to address the documents that we…
  • Harris v. State, 801 So. 2d 973 (Fla. 2d DCA 2001)
    …f the reasonable consequences of habitualization. See Newsome v. State, 704 So. 2d 213 (Fla. 2d DCA 1998). We therefore affirm without prejudice to any right Harris might have to file a facially sufficient claim in this regard. See Sampson v. State, 794 So. 2d 631 (Fla. 2d DCA 2001). Harris also sought to withdraw his pleas on the basis that he pleaded guilty with the understanding that he would not be sentenced as a habitual offender. The portion of the transcript of the plea hearing that Harris attached to…

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