ANTHONY MURPHY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Allegations of affirmative misadvice by counsel regarding sentence enhancement consequences of a plea are not cognizable as an ineffective assistance of counsel claim.
Anthony Murphy sought post-conviction relief based on his claim that his attorney misadvised him that his 1984 plea could not be used for future sente…
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PER CURIAM.
Anthony Murphy sought review of the summary denial of his motion for postcon-viction relief pursuant to Florida Rule of Criminal Procedure 3.850. In 2002, we reversed and remanded, relying on cases holding that affirmative misadvice, regarding even collateral consequences of a plea, may form the basis for withdrawing the plea. Murphy v. State, 820 So. 2d 875 (Fla. 4th DCA 2002). At issue was Murphy’s claim of misadvice that his 1984 plea could not be used as a basis for enhancing a sentence for a future crime.
At the time we decided Murphy, there was conflict among the districts on this point. See Murphy, 820 So. 2d at 376. The Florida Supreme Court accepted review of Murphy in light of that conflict and stayed review of this case. After issuing related decisions in Bates v. State, 887 So. 2d 1214 (Fla.2004), and State v. Dickey, 928 So. 2d 1193 (Fla.2006), the supreme court quashed our decision and remanded for reconsideration in light of Dickey. See State v. Murphy, 957 So. 2d 560 (Fla.2007).
In Dickey, the supreme court “conclude[d] that allegations of 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 not cognizable as an ineffective assistance of counsel claim.” Id. at 1198. Because Murphy’s claim of ineffective assistance of counsel in this case is not cognizable, we affirm the trial court’s order. SHAHOOD, C.J., STONE and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Marshall v. State, 983 So. 2d 680 (Fla. 4th DCA 2008)…isadvice regarding the collateral, future sentence-enhancing consequences of a plea, should the defendant commit additional crimes, does not state a valid claim for postconviction relief. State v. Dickey, 928 So. 2d 1193 (Fla.2006); Murphy v. State, 961 So. 2d 362 (Fla. 4th DCA 2007). . The motion did not allege that Marshall was not advised by the trial court of deportation consequences. Fla. R.Crim. P. 3.172(c)(8) (amended effective January 1, 1989). See In re Amendments to Florida Rules of Criminal Proced…
Authorities Cited
- State v. Dickey, 928 So. 2d 1193 (Fla. 2006)
- Bates v. State, 887 So. 2d 1214 (Fla. 2004)
- State v. Murphy, 957 So. 2d 560 (Fla. 2007)
- Walker v. State, 957 So. 2d 560 (Fla. 2007)