Harris v. State

Full title: Willie Lee HARRIS, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Oct 28, 2005

912 So. 2d 1254 (Fla. Dist. Ct. App. 2005)

Opinion

No. 2D05-3961.

October 28, 2005.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Robert A. Foster, Jr., Judge.

PER CURIAM.

Affirmed. See Bolender v. State, 658 So.2d 82 (Fla. 1995); Alexander v. State, 830 So.2d 899 (Fla. 2d DCA 2002); Brown v. State, 827 So.2d 1054 (Fla. 2d DCA 2002). As this court did in Alexander, 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.

WHATLEY, STRINGER, and KELLY, JJ., Concur.