ELROY PHILLIPS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Elroy Phillips appealed a denial of his Rule 3.850 postconviction relief motion, claiming his trial counsel gave him incorrect advice about the consequences of his guilty pleas. The court affirmed the denial, holding that allegations of counsel's misadvice regarding sentence-enhancement consequences of a plea for future criminal behavior do not constitute cognizable ineffective assistance of counsel claims under Florida law.
Allegations of affirmative misadvice by trial counsel on the sentence-enhancing consequences of a defendant's plea for future criminal behavior do not constitute a cognizable ineffective assistance of counsel claim under Florida Rule of Criminal Procedure 3.850.
[1] Allegations of affirmative misadvice by trial counsel regarding the sentence-enhancing consequences of a defendant's plea for future criminal behavior are not cognizable…
[2] A defendant's claim that counsel advised that pleas of convenience would be expunged after probation, and that this misadvice led to the pleas, is not cognizable under in…
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“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 not cognizable as an ineffective assistance of counsel claim”
Establishes the holding that counsel's misadvice about collateral consequences of plea (sentence enhancement in future crimes) does not support ineffective assistance claims
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePhillips entered guilty pleas to multiple felony charges in state court and received probation sentences. He was later indicted in federal court on fi…
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TAYLOR, J.
Defendant Elroy Phillips appeals an order denying his Rule 3.850 motion for postconviction relief entered after an evidentiary hearing. We affirm.
The defendant entered a plea to felony charges in three separate cases filed in the Palm Beach County circuit court: burglary of a dwelling while armed; possession of cocaine; carrying a concealed firearm; possession of a firearm by a convicted felon, and possession of cocaine with intent to sell. He was adjudicated guilty and sentenced to eighteen months’ probation in one case and concurrent one-year terms of probation in the others.
Subsequently, a federal grand jury indicted the defendant on various firearm and drug charges. He was eventually found guilty of those charges. At sentencing, the defendant’s prior state convictions were used to enhance his federal sentence from twenty years to thirty years.
The defendant filed a motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850. He alleged that his counsel in the state criminal cases told him that his pleas to the charges were “pleas of convenience,” and that they would never be used against him and would be expunged after completion of probation. Defendant claims that this mis-advice caused him to enter into pleas without full knowledge of the consequences and that, had he known that counsel would not or could not expunge his record, he would not have entered the pleas.
The circuit court conducted an evidentiary hearing concerning the defendant’s postconviction claim of ineffective assistance of counsel. After the hearing, the court denied the defendant’s motion.
We affirm the trial court’s denial of the defendant’s motion for postconviction relief based on State v. Dickey, 928 So. 2d 1193 (Fla.2006). In Dickey, the Florida Supreme Court resolved conflicting opinions among the five district courts on the question of whether a defense counsel’s wrong advice about the potential for sentence enhancement for a future crime constitutes ineffective assistance of counsel. The court “conclude[d] that 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 not cognizable as an ineffective assistance of counsel claim.” Id. at 1198.
Because the defendant’s claim of ineffective assistance of counsel in this case is not cognizable, we affirm the trial court’s order. We also affirm as to all other points raised in this appeal.
Affirmed.
WARNER and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hall v. State, 51 So. 3d 1283 (Fla. 4th DCA 2011)…a case involving the use of the conviction to enhance a sentence, nor is it a situation where the movant waited for any adverse consequence associated with counsel’s alleged advice. See State v. Dickey, 928 So. 2d 1193 (Fla.2006); Phillips v. State, 960 So. 2d 29 (Fla. 4th DCA 2007). Accordingly, the trial court’s order summarily denying the defendant’s claim for post-conviction relief is reversed as to this point, and the case is remanded for an evidentiary hearing thereon. We affirm the trial court’s sum…
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Hope v. State, 961 So. 2d 994 (Fla. 4th DCA 2007)…PER CURIAM. We withdraw our opinion in Hope v. State, 908 So. 2d 507 (Fla. 4th DCA 2005) and substitute the following: AFFIRMED. State v. Dickey, 928 So. 2d 1193 (Fla.2006). See also Phillips v. State, 960 So. 2d 29 (Fla. 4th DCA 2007). SHAHOOD, C.J., GUNTHER and HAZOURI, JJ., concur.…
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Jackson v. State (Fla. 4th DCA 2020)
Authorities Cited
- State v. Dickey, 928 So. 2d 1193 (Fla. 2006)