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Poisal v. State

District Court of Appeal of Florida, Fourth District
Jul 7, 2004
876 So. 2d 1262 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 4D04-1890.

Opinion filed July 7, 2004.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Nineteenth Judicial Circuit, Martin County, Robert Makemson, Judge, L.T. Case No. 03-1008 CFA.

Thomas Shelton Poisal, Orlando, pro se.

No appearance required for appellee.


Poisal appeals an order summarily denying his rule 3.850 motion, in which he alleged, inter alia, that his plea was involuntary because of misadvice given him by his attorney. According to Poisal, his attorney told him that if he pled guilty to one count of robbery, he would be sentenced to "a year in jail and some probation." Poisal entered a plea and was sentenced to four years incarceration followed by three years of probation.

In his motion for post-conviction relief, Poisal did not allege that he would not have entered the plea had he been given correct advice of counsel. Without this allegation, the motion is legally deficient. We therefore affirm the summary denial of his motion. Our affirmance, however, is without prejudice to his ability to file an amended 3.850 motion. See Rolden v. State, 695 So.2d 864 (Fla. 4th DCA 1997); Days v. State, 637 So.2d 66 (Fla. 1st DCA 1994).

We find no merit in the other claims raised by appellant for post-conviction relief. Thus, any amended rule 3.850 motion filed by appellant shall be limited to his claim of ineffective assistance of counsel based on misadvice concerning the consequences of his plea.

Affirmed, without prejudice.

STONE and KLEIN, JJ., concur.

NOT FINAL UNTIL DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.


Summaries of

Poisal v. State

District Court of Appeal of Florida, Fourth District
Jul 7, 2004
876 So. 2d 1262 (Fla. Dist. Ct. App. 2004)
Case details for

Poisal v. State

Case Details

Full title:THOMAS SHELTON POISAL, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 7, 2004

Citations

876 So. 2d 1262 (Fla. Dist. Ct. App. 2004)

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