KEVIN MCPHEE, A/K/A DONTE RAMONE LAWS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court affirmed the denial of post-conviction relief, holding that there is no duty to advise a defendant that a plea could enhance future sentences.
Kevin McPhee pleaded nolo contendere to manslaughter and was convicted. He filed a motion for post-conviction relief, arguing his attorney failed to i…
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PER CURIAM.
We grant appellant Kevin McPhee a/k/a Donte Ramon Laws’s motion to recall the mandate and for rehearing, withdraw our previously issued opinion and replace it with the following:
In 1994, McPhee was convicted of manslaughter after entering a negotiated plea of nolo contendere. He filed a timely Rule 3.850 motion for post-conviction relief pursuant to Wood v. State, 750 So. 2d 592 (Fla.1999), contending that he was not advised by his attorney that his plea possibly could be used to enhance future sentences.
We affirm the order denying relief based on our opinions in Rhodes v. State, 701 So. 2d 388 (Fla. 3d DCA 1997), and Major v. State, 790 So. 2d 550 (Fla. 3d DCA 2001). See also Bismark v. State, 796 So. 2d 584 (Fla. 2d DCA 2001); Baker v. State, 796 So. 2d 589 (Fla. 2d DCA 2001). As we have in Major, we certify that we have passed on 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?
Affirmed; question certified.
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Depaola v. The Town OF Davie, 872 So. 2d 377 (Fla. 4th DCA 2004)…e claimant elected to pursue relief through one mechanism, the procedures took place, and after not getting the relief sought, the claimant attempted to pursue the alternative avenue. See Bass v. Metro. Dade County Dept. of Corr. and Rehabilitation, 798 So. 2d 835 (Fla. 3d DCA 2001) (Claimant not entitled to bring independent action in circuit court to challenge termination after instituting and fully pursuing her civil service administrative remedies); Fraternal Order of Police v. City of Miami, 598 So. 2d 8…
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Miami-Dade Cnty. v. Moreland, 879 So. 2d 23 (Fla. 3d DCA 2004)…ivil service employee pursues civil service administrative remedies, the employee is precluded from bringing an independent action in Circuit Court to challenge the propriety of the discharge. See Bass v. Metro Dade County Dep’t of Corr. and Rehab., 798 So. 2d 835 (Fla. 3d DCA 2001) (citing City of Miami Springs v. Barad, 448 So. 2d 510, 511 (Fla. 3d DCA 1983)); Cf., Depaola v. Town of Davie, 872 So. 2d 377, 381-82 (Fla. 4th DCA 2004) [*25] (firefighter was able to pursue relief in Circuit Court and was not l…
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Walton v. Health Care Dist. of Palm Beach Cnty., 862 So. 2d 852 (Fla. 4th DCA 2003)…has availed himself of available administrative procedures and been afforded a quasi-judicial hearing, then he may not file an independent action collaterally attacking the employer’s decision, see Bass v. Metro Dade County Dep’t of Corr. & Rehab., 798 So. 2d 835 (Fla. 3d DCA 2001); the remedy in that instance would be to seek review of the employer’s decision in the circuit court sitting in its appellate capacity. See City of Miami Springs v. Barad, 448 So. 2d 510 (Fla. 3d DCA 1983). Consequently, the quest…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
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)
- Bismark v. State, 796 So. 2d 584 (Fla. 2d DCA 2001)
- Baker v. State, 796 So. 2d 589 (Fla. 2d DCA 2001)