Clarkv.State

District Court of Appeal of Florida, Third DistrictDec 18, 2002
831 So. 2d 1282 (Fla. Dist. Ct. App. 2002)

Case No. 3D01-2760.

Opinion filed December 18, 2002.

An Appeal from the Circuit Court for Dade County, Dennis J. Murphy, Judge. L.T. No. 95-9539.

Isaac Clark, in proper person.

Richard E. Doran, Attorney General, and Erin K. Zack, Assistant Attorney General, for appellee.

Before JORGENSON, COPE, and SHEVIN, JJ.


Defendant appeals from the denial of his motion for postconviction relief. We affirm on the authority of Scott v. State, 813 So.2d 1025 (Fla. 3d DCA 2002) (holding that defendant not entitled to relief "where he has been given affirmative misadvice regarding the possible sentencing-enhancing consequences of a plea in the event that the defendant commits a new crime in the future"). See also McPhee v. State, 823 So.2d 160 (Fla. 3d DCA 2002); Wallace v. State, No. 3D01-3339 (Fla. 3d DCA August 14, 2002).

As we did in Wallace and McPhee, we certify conflict withSmith v. State, 784 So.2d 460 (Fla. 4th DCA 2000).

AFFIRMED.