Harrison v. State

Full title: JOHNNY HARRISON, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Feb 14, 2003

837 So. 2d 598 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 2D02-3646.

Opinion filed February 14, 2003.

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

NORTHCUTT, Judge.

Johnny Harrison 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, Harrison alleged that his plea was involuntary because defense counsel affirmatively misadvised him regarding the future sentence enhancing effects of the plea in regard to an as yet uncommitted crime. 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.

WHATLEY and CASANUEVA, JJ., Concur.