Alston v. State

Full title: Luther Leon ALSTON, Appellant, v. The STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Nov 7, 2001

799 So. 2d 366 (Fla. Dist. Ct. App. 2001)

Opinion

No. 3D01-1538.

November 7, 2001.

An appeal from the Circuit Court of Dade County, Daryl E. Trawick, Judge.

John H. Lipinski, Hollywood, for appellant.

Robert A. Butterworth, Attorney General, and Paulette R. Taylor, Assistant Attorney General, for appellee.

Before COPE, LEVY, and FLETCHER, JJ.

PER CURIAM.

We affirm the lower court's order denying post-conviction relief. As inMajor v. State, 790 So.2d 550 (Fla. 3d DCA 2001), we certify that we have passed on the following question of great public importance:

WHETHER THE TRIAL COURT OR COUNSEL HAS A DUTY TO ADVISE A DEFENDANT THAT HIS PLEA IN A PENDING CASE MAY HAVE SENTENCE ENHANCING CONSEQUENCES IF THE DEFENDANT COMMITS A NEW CRIME IN THE FUTURE?

Affirmed; question certified.