Hayden v. State

Full title: KENNETH HAYDEN, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Mar 26, 2003

841 So. 2d 580 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 2D02-3468.

Opinion filed March 26, 2003.

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

SILBERMAN, Judge.

Kenneth Hayden challenges the trial court's order summarily denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm. In his motion, Hayden alleged that his plea was involuntary because defense counsel affirmatively misadvised him that his conviction could not be used in the future as a prior offense for sentencing purposes. In Stansel v. State, 825 So.2d 1007 (Fla.2d DCA 2002), we held that this claim is not cognizable in a rule 3.850 motion. We certify the same question that we certified in Stansel.

Affirmed, question certified.

SALCINES and STRINGER, JJ., Concur.