ANTHONY MURPHY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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[*376] PER CURIAM.
Anthony Murphy seeks review of the summary denial of his motion for postcon-viction relief pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand for further proceedings.
This court has held that affirmative mis-advice, regarding even collateral consequences of a plea, may form the basis for withdrawing the plea. Love v. State, 814 So. 2d 475 (Fla. 4th DCA 2002); Jones v. State, 814 So. 2d 446 (Fla. 4th DCA 2001); Smith v. State, 784 So. 2d 460 (Fla. 4th DCA 2000); see also Watrous v. State, 793 So. 2d 6, 11 (Fla. 2d DCA 2001); but see Collier v. State, 796 So. 2d 629, (Fla. 3d DCA 2001).
We remand for further proceedings consistent with our decision in Smith. Upon remand, the trial court can consider the state’s claim that the doctrine of laches bars Murphy’s claim. See Love, 814 So. 2d at 476.
STONE, SHAHOOD and TAYLOR, JJ., concur.
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State v. Murphy, 957 So. 2d 560 (Fla. 2007)…PER CURIAM. We have for review Murphy v. State, 820 So. 2d 375 (Fla. 4th DCA 2002), based on express and direct conflict with Bates v. State, 818 So. 2d 626 (Fla. 1st DCA 2002), quashed, 887 So. 2d 1214 (Fla.2004). We have jurisdiction. See art. V, § 8(b)(3), Fla. Const. We stayed this case and proceeded to i…
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Assadollah Ghanavati v. State, 820 So. 2d 989 (Fla. 4th DCA 2002)…termine whether defendant was given positive misadvice where defendant alleged he asked counsel whether the plea would jeopardize his chances of becoming a permanent citizen of the United States and counsel replied in the negative); Murphy v. State, 820 So. 2d 375, 376 (Fla. 4th DCA 2002) (reversing order summarily denying motion for post-conviction relief and noting “[t]his court has held that affirmative misadvice, regarding even collateral consequences of a plea, may form the basis for withdrawing the plea…
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Smith v. State, 829 So. 2d 940 (Fla. 4th DCA 2002)…sentencing in a subsequent case. This court has treated affirmative misadviee of counsel differently from the mere failure to advise of enhancement consequences and has found it cognizable in a motion for postconviction relief. See Murphy v. State, 820 So. 2d 375 (Fla. 4th DCA 2002); Love v. State, 814 So. 2d 475 (Fla. 4th DCA 2002); Smith v. State, 784 So. 2d 460, 461 (Fla. 4th DCA 2000); see also Bates v. State, 818 So. 2d 626, 631 (Fla. 1st DCA 2002) (“[Wjhere such misadviee leads a defendant to enter a p…
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- Smith v. State, 784 So. 2d 460 (Fla. 4th DCA 2000)
- Watrous v. State, 793 So. 2d 6 (Fla. 2d DCA 2001)
- LaMarr Love v. State, 814 So. 2d 475 (Fla. 4th DCA 2002)
- Collier v. State, 796 So. 2d 629 (Fla. 3d DCA 2001)
- Jones v. State, 814 So. 2d 446 (Fla. 4th DCA 2001)