Grogin v. State

Full title: Kevin GROGIN, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Aug 21, 2002

824 So. 2d 984 (Fla. Dist. Ct. App. 2002)

Opinion

No. 4D01-5079.

August 21, 2002.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; James I. Cohn, Judge; L.T. Case No. 97-20821 CF10A.

Kevin Grogin, Raiford, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Affirmed. Appellant filed a rule 3.850 motion alleging that his trial counsel was ineffective for failing to advise him of the sentence he would receive in connection with his open plea. The motion is legally insufficient because appellant has not alleged that he would not have entered the plea had he been properly informed. See Hill v. Lockhart, 474 U.S. 52, 59, 106 S.Ct. 366, 88 L.Ed.2d 203 (1985); Roldan v. State, 695 So.2d 864, 864 (Fla. 4th DCA 1997).

KLEIN, GROSS and HAZOURI, JJ., concur.