THEODORE WILLIAMSON A/K/A THEODORE JAWORSKI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Theodore Williamson sought post-conviction relief claiming his trial attorney misadvised him about collateral consequences of a guilty plea used for sentencing enhancement. The Florida Supreme Court quashed the appellate court's prior reversal and remanded for reconsideration in light of recent precedent, resulting in affirmance of the denial of his petition based on timeliness and lack of merit.
The court affirmed denial of the petition on two independent grounds: (1) the claim of affirmative misadvice concerning collateral consequences has no merit under State v. Dickey, and (2) the petition was untimely filed under the two-year limitations period of rule 3.850 for prisoners in custody.
[1] A claim of affirmative misadvice concerning the collateral consequences of a guilty plea is not a valid basis for relief under State v. …
[2] A petition for writ of error coram nobis is subject to the two-year limitations period under rule 3.850 when the petitioner is in custody.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the claim of affirmative misadvice concerning the collateral consequences of the plea has no merit under Dickey”
Establishes that under State v. Dickey precedent, attorney misadvice about collateral consequences does not provide grounds for post-conviction relief
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Join FLexlaw to unlock all legal intelligenceWilliamson entered a guilty plea on February 11, 1993, receiving a time-served sentence and one year probation. The state subsequently used this prior…
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On Mandate from the Florida Supreme Court.
PER CURIAM.
The opinion of October 9, 2002, is withdrawn and the following is substituted therefor. Theodore Williamson, also known as Theodore Jaworski, entered a guilty plea on February 11, 1993, in exchange for a time-served sentence and one year of probation. Thereafter, the State used this prior conviction to enhance a subsequent conviction sentenced on December 3, 1993. In March 2001, Williamson sought a writ of error coram nobis, claiming, in part, that his attorney affirmatively misadvised him of the future, collateral consequences of the February 1993 plea. In Jaworski v. State, 828 So. 2d 1046 (Fla. 4th DCA 2002), quashed by State v. Williamson, 957 So. 2d 558 (Fla.2007), we reversed and noted conflict as to this issue. The State sought review in the supreme court.
The supreme court recently granted relief to the State, quashed our ruling, and remanded for further consideration in light of Bates v. State, 887 So. 2d 1214 (Fla.2004), and State v. Dickey, 928 So. 2d 1193 (Fla.2006). See State v. Williamson, 957 So. 2d 558 (Fla.2007). We recognize the claim of affirmative misadvice concerning the collateral consequences of the plea has no merit under Dickey, but we affirm the denial of the petition because it was untimely filed under Bates. Because Williamson was in custody from December 1993 until the time he filed his petition, he was required to comply with the two-year limitations period under rule 3.850. The petition, filed in 2001, was untimely under rule 3.850 and could not be considered as a petition for writ of error coram nobis.
Affirmed.
STEVENSON, C.J., FARMER and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Dickey, 928 So. 2d 1193 (Fla. 2006)
- Bates v. State, 887 So. 2d 1214 (Fla. 2004)
- Jaworski v. State, 828 So. 2d 1046 (Fla. 4th DCA 2002)
- State v. Williamson, 957 So. 2d 558 (Fla. 2007)