JORGE ALFAYA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2001-09-12
No. 3D01-2101
Before GREEN, SHEVIN and RAMIREZ, JJ.
795 So. 2d 1037 Florida District Court of Appeal, Third District (2001) Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Major v. State, 790 So. 2d 550 (Fla. 3d DCA 2001).

On Motion for Certification

PER CURIAM.

We grant defendant’s motion to certify a question of great public importance. As in Major v. State, 790 So. 2d 550, 553 (Fla. 3d DCA 2001), we certify the following question of great public importance:

WHETHER THE TRIAL COURT OR COUNSEL HAVE A DUTY TO ADVISE A DEFENDANT THAT HIS PLEA IN A PENDING CASE MAY HAVE SENTENCE ENHANCING CONSEQUENCES IF THE DEFENDANT COMMITS A NEW CRIME IN THE FUTURE?

Motion granted; question certified.

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    …nia, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Marker challenges the seventeen-year sentence imposed on his 1993 sexual battery conviction. The sentence was imposed on resentencing after remand from this court’s opinion in Marker v. State, 795 So. 2d 1037 (Fla. 2d DCA 2001), which reversed a twenty-two-year sentence imposed for the same sexual battery offense upon the revocation of Marker’s probation. The reversal was predicated on our conclusion that the twenty-two-year sentence was based on a score…

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