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Ey v. State, 2D03-2811 (2003)

Court: District Court of Appeal of Florida Number: 2D03-2811 Visitors: 8
Judges: Per Curiam
Filed: Nov. 07, 2003
Latest Update: Apr. 06, 2017
Summary: 870 So. 2d 64 (2003) Robert EY, Appellant, v. STATE of Florida, Appellee. No. 2D03-2811. District Court of Appeal of Florida, Second District. November 7, 2003. *65 PER CURIAM. Affirmed. See 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 899-90, we certify the same question of great public importance, to wit: WHETHER ALLEGATIONS OF AFFIRMATIV
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870 So. 2d 64 (2003)

Robert EY, Appellant,
v.
STATE of Florida, Appellee.

No. 2D03-2811.

District Court of Appeal of Florida, Second District.

November 7, 2003.

*65 PER CURIAM.

Affirmed. See 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 899-90, we certify the same question of great public importance, to wit:

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

Affirmed; question certified.

FULMER, KELLY, and WALLACE, JJ., Concur.

Source:  CourtListener

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