Gilchrist v. State

Full title: Immanuel GILCHRIST, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Apr 15, 2005

898 So. 2d 1210 (Fla. Dist. Ct. App. 2005)

Opinion

No. 2D05-56.

April 15, 2005.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for DeSoto County; James S. Parker, Judge.

PER CURIAM.

Affirmed. See Carter v. State, 786 So.2d 1173 (Fla. 2001); Alexander v. State, 830 So.2d 899 (Fla. 2d DCA 2002); Brown v. State, 827 So.2d 1054 (Fla. 2d DCA 2002); McGee v. State, 684 So.2d 241 (Fla. 2d DCA 1996). As this court did in Alexander, 830 So.2d at 899-900, we certify the same question of great public importance:

ARE ALLEGATIONS OF AFFIRMATIVE MISADVICE BY TRIAL COUNSEL ABOUT THE SENTENCE ENHANCING CONSEQUENCES OF A DEFENDANT'S PLEA FOR FUTURE CRIMINAL BEHAVIOR IN AN OTHERWISE FACIALLY SUFFICIENT MOTION COGNIZABLE AS AN INEFFECTIVE ASSISTANCE OF COUNSEL CLAIM?

Affirmed; question certified.

DAVIS, KELLY, and VILLANTI, JJ., Concur.