WILLIAM H. JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
William H. Jones appeals the summary denial of his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. We agree with the many cases which have held that affirmative misadvice, regarding even collateral consequences of a plea, may form the basis for withdrawing the plea. See Watrous v. State, 793 So. 2d 6, 11 (Fla. 2d DCA 2001); Simmons v. State, 611 So. 2d 1250, 1251 (Fla. 2d DCA 1992); Ray v. State, 480 So. 2d 228, 229 (Fla. 2d DCA 1985); but see Collier v. State, 796 So. 2d 629 (Fla. 3d DCA 2001). We reverse and remand for further proceedings consistent with our decision in Smith v. State, 784 So. 2d 460 (Fla. 4th DCA 2000).
POLEN, C.J., STEVENSON and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (14 total)
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LaMarr Love v. State, 814 So. 2d 475 (Fla. 4th DCA 2002)…enhance sentence for subsequent offense, was involuntarily induced 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…
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McKOWEN v. State, 831 So. 2d 794 (Fla. 5th DCA 2002)…lateral consequence of future sentence enhancement, constitutes a valid basis for allowing a defendant to withdraw a plea. See Ghanavati v. State, 820 So. 2d 989 (Fla. 4th DCA 2002); Love v. State, 814 So. 2d 475 (Fla. 4th DCA 2002); Jones v. State, 814 So. 2d 446 (Fla. 4th DCA 2001). As explained in Love, the Fourth District treats allegations of affirmative misadvice differently than allegations that counsel failed to give advice. We align ourselves with the First, Second, and Third Districts, concluding t…
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McPHEE v. State, 823 So. 2d 160 (Fla. 3d DCA 2002)…as alleged in Cifuentes’ motion, could form the basis for withdrawing a guilty plea. There is a [*161] conflict in the districts on this issue. The Fourth District has held that such an allegation could form the basis for relief. See Jones v. State, 814 So. 2d 446 (Fla. 4th DCA 2001); Smith v. State, 784 So. 2d 460 (Fla. 4th DCA 2000). The Second District disagrees. See Horne v. State, 792 So. 2d 581, 582 (Fla. 2d DCA 2001), certifying conflict with Smith. We have aligned ourselves with the Second District in…
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Simmons v. State, 611 So. 2d 1250 (Fla. 2d DCA 1992)
- Smith v. State, 784 So. 2d 460 (Fla. 4th DCA 2000)
- Watrous v. State, 793 So. 2d 6 (Fla. 2d DCA 2001)
- RAY v. State, 480 So. 2d 228 (Fla. 2d DCA 1985)
- Collier v. State, 796 So. 2d 629 (Fla. 3d DCA 2001)