Public-domain · open source
OpenJurist

820 So. 2d 375

Docket No. 4D02-399.

Murphy v. State

Anthony MURPHY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided May 15, 2002.

District Court of Appeal of Florida · decided 2002-05-15

Cited by 5 later decisions — most recently July 2007

5 state decisions

Key passage — most relied on by later courts

“[t]his court has held that affirmative misadvice, regarding even collateral consequences of a plea, may form the basis for withdrawing the plea”

quoted by 1 later decision, including Ghanavati v. State

Relies on 784 So. 2d 460 - Smith v. State · Watrous v. State · 814 So. 2d 475 - Love v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2002-05-15

View the full empirical analysis of this case →

¶1Anthony Murphy, Miami, pro se.

¶2Robert A. Butterworth, Attorney General, Tallahassee, and Donna M. Hoffman, Assistant Attorney General, West Palm Beach, for appellee.

¶3*376 PER CURIAM.

¶4Anthony Murphy seeks review of the summary denial of his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand for further proceedings.

¶5This court has held that affirmative misadvice, regarding even collateral consequences of a plea, may form the basis for withdrawing the plea. Love v. State,814 So.2d 475 (Fla. 4th DCA 2002); Jones v. State,814 So.2d 446 (Fla. 4th DCA 2001); Smith v. State,784 So.2d 460 (Fla. 4th DCA 2000); see also Watrous v. State,793 So.2d 6, 11 (Fla. 2d DCA 2001); but see Collier v. State,796 So.2d 629, (Fla. 3d DCA 2001).

¶6We remand for further proceedings consistent with our decision in Smith. Upon remand, the trial court can consider the state's claim that the doctrine of laches bars Murphy's claim. See Love,814 So.2d at 476.

¶7STONE, SHAHOOD and TAYLOR, JJ., concur.

/820/so2d/375 · .json · Public domain