EDWARD COLLIER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Advice that a plea would not be used against a defendant in the future does not constitute grounds for postconviction relief, even if the defendant later commits another crime.
[1] A defendant's claim that counsel advised the conviction would not be used against him in the future does not establish grounds for postconviction relief when the advice d…
[2] Neither a sentencing court nor counsel is required to anticipate a defendant's future criminal conduct.
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Join FLexlaw to unlock all legal intelligenceDefendant pleaded guilty to armed robbery in 1990 and was later sentenced for a subsequent crime, with the 1990 conviction used for sentence enhanceme…
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COPE, J.
Edward Collier appeals an order denying his motion for postconviction relief. We affirm.
In 1990 defendant-appellant Collier entered a plea to the charge of armed robbery. He received a sentence of a year and a day in state prison followed by two years of community control. It appears that he was sentenced as a youthful offender. Subsequently, defendant was convicted of another crime in Miami-Dade County Circuit Court case number 96-8025. The defendant’s 1990 conviction was used to enhance the sentence in the 1996 case.
Relying on Wood v. State, 750 So. 2d 592 (Fla.1999), defendant filed a motion for postconviction relief seeking to set aside his 1990 plea. Defendant alleges that at the time of the 1990 plea, “trial counsel told petitioner that these convictions would not be used against him in the future because he is a juvenile.... [B]ut for such misadviee by eounsel[,] Petitioner would not have pleaded to the charges, but would have [proceeded to] trial had he known that these convictions would be used to enhance any future conviction.” The trial court denied the defendant’s Rule 3.850 motion and he has appealed.
For present purposes we assume that counsel advised the defendant that the 1990 convictions would not be used against him in the future. Assuming such advice was given, it does not form a basis for postconviction relief.
Neither the sentencing court nor counsel is required “to anticipate a defendant’s future recidivism.” Major v. State, 790 So. 2d 550, 551 (Fla. 3d DCA 2001). The court and counsel are entitled to assume that the defendant will obey the law in the future and not commit more crimes. Id.
Assuming counsel advised defendant that his 1990 plea could not be used against him in the future, such advice is properly viewed as addressing the civil effects of the plea, not future recidivism. “Neither the court nor counsel is required to advise a defendant what penalty he can expect to receive for crimes not yet committed.” Id. at 552. See also Rhodes v. State, 701 So. 2d 388 (Fla. 3d DCA 1997).
Affirmed.
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Bates v. State, 887 So. 2d 1214 (Fla. 2004)…as a duty to follow the law and must suffer the consequences of failing to do so. See Cox v. Louisiana, 379 U.S. 559, 574, 85 S.Ct. 476, 13 L.Ed.2d 487 (1965); Stansel v. State, 825 So. 2d 1007, 1009-10 (Fla. 2d DCA 2002); see also Collier v. State, 796 So. 2d 629, 630 (Fla. 3d DCA 2001) (stating that counsel is entitled to assume that the defendant will obey the law in the future). To recognize Bates’s allegation as a valid ineffective assistance claim would contradict this fundamental principle. Defense cou…
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LaMarr Love v. State, 814 So. 2d 475 (Fla. 4th DCA 2002)…nduced by ineffective assistance of defense counsel who misadvised him that charges could not be used against him as a prior conviction in federal or state court); see also Jones v. State, 814 So. 2d 446 (Fla. 4th DCA 2001). Contra Collier v. State, 796 So. 2d 629 (Fla. 3d DCA 2001). If Appellant did not learn that the advice complained of was mistaken until he was sentenced in federal court in 1995, at which time he was no longer in custody on the challenged conviction, then he could not have raised that cla…
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Assadollah Ghanavati v. State, 820 So. 2d 989 (Fla. 4th DCA 2002)…ion for his involuntary civil commitment as sexually violent predator; noting that “[i]t is well-settled that affirmative misad-vice regarding even collateral consequences of a plea forms a basis for withdrawing the plea”). But see Collier v. State, 796 So. 2d 629, 630 (Fla. 3d DCA 2001) (holding affirmative misadvice about enhancement consequences of plea does not constitute basis for postconviction relief). As the motion for postconviction relief . stated a cognizable claim, and the record [*992] does not…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wood v. State, 750 So. 2d 592 (Fla. 1999)
- Fritz Major v. State, 790 So. 2d 550 (Fla. 3d DCA 2001)
- Rhodes v. State, 701 So. 2d 388 (Fla. 3d DCA 1997)