ROBERT EY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROBERT EY, APPELLANT,
STATE OF FLORIDA, APPELLEE
870 So. 2d 64
Florida District Court of Appeal, Second District (2003)
Positive Treatment
Cited by 4 cases
Opinion of the Court
[*65] PER CURIAM.
Affirmed. See Alexander v. State, 830 So. 2d 899 (Fla. 2d DCA 2002); Brown v. State, 827 So. 2d 1054 (Fla. 2d DCA 2002); McGee v. State, 684 So. 2d 241 (Fla. 2d DCA 1996). As this court did in Alexander, 830 So. 2d at 899-90, we certify the same question of great public importance, to wit:
WHETHER ALLEGATIONS OF AFFIRMATIVE MISADVICE BY TRIAL COUNSEL ON THE SENTENCE ENHANCING CONSEQUENCES OF A DEFENDANT’S PLEA FOR FUTURE CRIMINAL BEHAVIOR IN AN OTHERWISE FACIALLY SUFFICIENT MOTION ARE COGNIZABLE AS AN INEFFECTIVE ASSISTANCE OF COUNSEL CLAIM.
Affirmed; question certified.
FULMER, KELLY, and WALLACE, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bates v. State, 887 So. 2d 1214 (Fla. 2004)…example, several cases are pending in this Court raising the same issue, either because the district court certified the same question as in this case or because it certified a conflict with another district court’s opinion. See, e.g., Ey v. State, 870 So. 2d 64 (Fla. 2d DCA 2003) (certifying the same question as in Bates); Hanson v. State, 839 So. 2d 859 (Fla. 2d DCA 2003) (citing Stansel v. State, 825 So. 2d 1007 (Fla. 2d DCA 2002), which certified the same question as in Bates); Jones v. State, 838 So. 2…
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EY v. State, 982 So. 2d 618 (Fla. 2008)…affirmative mis-advice by trial counsel on the sentence enhancing consequences of a defendant’s plea for future criminal behavior in an otherwise facially sufficient motion are cognizable as an ineffective assistance of counsel claim. Ey v. State, 870 So. 2d 64, 65 (Fla. 2d DCA 2003). Petitioner’s motion for rehearing argued that counsel gave the wrong advice in Case # 1 even though the Petitioner had told him about the crimes in Case #2. The district court denied the motion. Petitioner timely petitioned…
Authorities Cited
- Brown v. State, 827 So. 2d 1054 (Fla. 2d DCA 2002)
- McGEE v. State, 684 So. 2d 241 (Fla. 2d DCA 1996)
- Alexander v. State, 830 So. 2d 899 (Fla. 2d DCA 2002)