Jones v. State

Full title: WILLIAM H. JONES, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Nov 14, 2001

814 So. 2d 446 (Fla. Dist. Ct. App. 2001)

Opinion

No. 4D01-3126.

November 14, 2001.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Marvin U. Mounts, Jr., Judge; L.T. Case No. 92-7777 CFA02.

William H. Jones, Mayo, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

William H. Jones appeals the summary denial of his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. We agree with the many cases which have held that affirmative misadvice, regarding even collateral consequences of a plea, may form the basis for withdrawing the plea. See Watrous v. State, 793 So.2d 6, 11 (Fla. 2d DCA 2001); Simmons v. State, 611 So.2d 1250, 1251 (Fla. 2d DCA 1992); Ray v. State, 480 So.2d 228, 229 (Fla. 2d DCA 1985); but see Collier v. State, 796 So.2d 629 (Fla. 3d DCA 2001). We reverse and remand for further proceedings consistent with our decision in Smith v. State, 784 So.2d 460 (Fla. 4th DCA 2000).

POLEN, C.J., STEVENSON and GROSS, JJ., concur.