Opinion
Case No. 4D02-3175.
Opinion filed March 5, 2003.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Hubert R. Lindsey, Judge; L.T. Case Nos. 94-729 CFA02, 95-8837 CFA02, 95-10519 CFA02 95-10732 CFA02.
Leon Bivens, Miami, pro se.
No appearance required for appellee.
We affirm the order below without prejudice for Appellant to refile his motion for post conviction relief alleging facts supporting his entitlement to relief on the basis of this Court's decision in Smith v. State, 784 So.2d 460 (Fla. 4th DCA 2000) (holding allegations of affirmative misadvice by trial counsel on the sentence-enhancing consequences of a defendant's plea for future criminal behavior are cognizable as an ineffective assistance of counsel claim). Upon remand, the court is directed to determine whether laches bars Appellant relief.
TAYLOR, HAZOURI and MAY, JJ., concur.