MICHAEL PRIANTI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the defendant may be entitled to postconviction relief because his plea may have been involuntary due to misinformation about license suspension consequences.
The defendant pled guilty to DUI impairment and was informed his license would be suspended for one year, but it was permanently revoked as his fourth…
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PER CURIAM.
Michael Prianti seeks review of an order that summarily denied his rule 3.850 motion for postconviction relief. Prianti pled as charged to several offenses including DUI impairment.
Prianti argues that his plea was not voluntary, because he was told by counsel that pursuant to his plea, his drivers license would be suspended for one year. Prianti was since advised by the Department of Highway Safety and Motor Vehicles that his license was permanently revoked as this conviction was his fourth offense. See § 322.28(2)(e), Fla. Stat. (2000).
For a plea to be voluntary, the defendant must be fully advised of the direct consequences of the plea. Daniels v. State, 716 So. 2d 827, 828 (Fla. 4th DCA 1998). We have held that a mandatory two year revocation of a driver’s license under section 322.055(1) is a direct consequence. Whipple v. State, 789 So. 2d 1132 (Fla. 4th DCA 2001); Daniels, 716 So. 2d at 828.
The state’s position, which the trial court accepted, is that Prianti cannot demonstrate the requisite prejudice because this was his fifth, not fourth conviction. Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). We cannot agree, at this stage, because the record does not clearly reveal that Prianti had four other DUI convictions, and Prianti disputes this issue.
We therefore reverse for an evidentiary hearing.
KLEIN, TAYLOR and MAY, JJ., concur. •
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Demello Bolware v. State, 995 So. 2d 268 (Fla. 2008)…d the revocation came as a complete surprise to the defendant. Id. at 1134-35. This same sort of fact pattern has been presented to the Fourth District in other cases. See Nordelus v. State, 889 So. 2d 910, 911 (Fla. 4th DCA 2004); Prianti v. State, 819 So. 2d 231, 232 (Fla. 4th DCA 2002). In Major, we cited both Daniels and Whipple with approval in holding that defendants must be apprised only of the direct consequences of a plea and not the collateral, indirect consequences. 814 So. 2d at 429, 431 n. 5. In…1 / 2
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Sullens v. State, 889 So. 2d 912 (Fla. 5th DCA 2004)…460271 (Fla. 1st DCA Oct.31, 2003), although we recognize that Bolware and this opinion are in conflict with Daniels v. State, 716 So. 2d 827 (Fla. 4th DCA 1998). Accordingly, we affirm and certify conflict with Daniels. See also Prianti v. State, 819 So. 2d 231 (Fla. 4th DCA 2002). AFFIRMED. PLEUS and TORPY, JJ, and WALSH, J.D., Associate Judge., concur.…
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State v. Demello Bolware, 999 So. 2d 660 (Fla. 1st DCA 2003)…uto v. State, 413 So. 2d 461 (Fla. 4th DCA 1982). . We are aware that the Fourth District Court of Appeal has reached a different conclusion regarding whether revocation of a driver's license is a direct consequence of a plea. See Prianti v. State, 819 So. 2d 231 (Fla. 4th DCA 2002); Whipple v. State, 789 So. 2d 1132 (Fla. 4th DCA 2001); Daniels v. State, 716 So. 2d 827 (Fla. 4th DCA 1998). However, that court's failure to follow the law clearly established by the Florida Supreme Court does not relieve the c…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984)
- Freeman Daniels v. State, 716 So. 2d 827 (Fla. 4th DCA 1998)
- Whipple v. State, 789 So. 2d 1132 (Fla. 4th DCA 2001)