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734 So. 2d 1029

734 So.2d 1029

24 Fla.L.WeeklySupp. 230

State v. Joyce

Supreme Court of Florida

Decided May 20, 1999

Supreme Court of Florida · decided 1999-05-20

Cited by 1 later decisions — most recently April 2000

1 state decisions

Relies on State v. Thompson · 713 So. 2d 1053 - Joyce v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1999-05-20

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SHAW, J.

¶1We have for review Joyce v. State, 713 So.2d 1053 (Fla. 2d DCA 1998), based on conflict with State v. Thompson, 735 So.2d 482 (Fla.1999). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

¶2Joyce pleaded guilty to numerous criminal charges and was sentenced as an habitual offender. The district court reversed the- sentences because the trial court failed to explain to Joyce that habit-ualization could affect his eligibility for early release. We have since held in Thompsonthat this is a fact-based issue *1030regarding the voluntariness of the plea and must be raised in the trial court either in a timely motion to withdraw the plea or in a motion for postconviction relief.

¶3Accordingly, we quash Joyceand remand for further proceedings consistent with Thompsonand without prejudice to Joyce’s right to raise this issue in the trial court via postconviction motion.

¶4it is so ordered.

HARDING, C.J, and WELLS, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur.
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