DARON MERRITT, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
DARON MERRITT, PETITIONER,
STATE OF FLORIDA, RESPONDENT
814 So. 2d 424
Florida Supreme Court (2002)
Negative Treatment
Cited by 171 cases
Opinion of the Court
PER CURIAM.
We initially accepted review of the decision of the district court of appeal in Merritt v. State, 739 So. 2d 735 (Fla. 1st DCA 1999), based on a question certified to be of great public importance. See art. V, § 3(b)(4), Fla. Const. Upon further consideration, we find that review was improvidently granted. Accordingly, this review proceeding is dismissed.
It is so ordered.
WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS, and QUINCE, JJ., concur.
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State v. Partlow, 840 So. 2d 1040 (Fla. 2003)…teral consequences of his guilty plea. A defendant must only be made aware of the direct consequences of the plea- — i.e., those having a “definite, immediate, and largely automatic effect on the range of the defendant’s punishment.” Major v. State, 814 So. 2d 424, 428, 431 (Fla.2002) (differentiating between collateral and direct consequences). The volun-tariness of a plea depends on whether the defendant is aware of the direct consequences of the plea and those consequences listed in Florida Rule of Crimina…1 / 2
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State v. Dickey, 928 So. 2d 1193 (Fla. 2006)…have affected him at all.” 887 So. 2d at 1223. We have held that defense counsel has no duty to advise defendants about a plea’s collateral consequences, and therefore failure to do so does not constitute ineffective assistance. See Major v. State, 814 So. 2d 424, 426-27 (Fla.2002). It is nevertheless true that in certain cases involving particular collateral consequences, when counsel have chosen to give such advice, courts have recognized claims of ineffective assistance when it was erroneous. See, e.g., S…1 / 2
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Bates v. State, 887 So. 2d 1214 (Fla. 2004)…S.Ct. 2052. I conclude it does not. Failure to Advise and Incorrect Advice We have held that counsel’s failure to advise a defendant of the collateral consequences of a plea does not constitute ineffective assistance of counsel. In Major v. State, 814 So. 2d 424 (Fla.2002), we reaffirmed the duty of counsel to inform a defendant of direct, but not collateral, consequences of a plea. We held that because the law does not require a defendant to be informed of collateral consequences, the failure to inform of…1 / 2
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- Daron Merritt v. State, 739 So. 2d 735 (Fla. 1st DCA 1999)