Opinion
No. 1D01-2834.
August 12, 2002.
An appeal from the Circuit Court for Bay County. Dedee S. Costello, Judge.
Appellant Terry Tolin, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, for Appellee.
The Florida Supreme Court's decision in Major v. State, 814 So.2d 424, 431 (Fla. 2002), bars the appellant's claim that his counsel failed to advise him of the potential recidivist consequences of his plea. This is not to be confused with our determination that a claim of affirmative misadvice on the same issue is similarly precluded. See Bates v. State, 818 So.2d 626, (Fla. 1st DCA 2002).
AFFIRMED.
MINER, KAHN and WEBSTER, JJ., concur.