¶1We affirm the order below without prejudice for Appellant to refile his motion for post conviction relief alleging facts supporting his entitlement to relief on the basis of this Court’s decision in Smith v. State, 784 So.2d 460 (Fla. 4th DCA 2000)(holding allegations of affirmative misadviee by trial counsel on the sentence-enhancing consequences of a defendant’s plea for future criminal behavior are cognizable as an ineffective assistance of counsel claim). Upon remand, the court is directed to determine whether laches bars Appellant relief.
840 So. 2d 355
Bivens v. State
District Court of Appeal of Florida
Decided March 5, 2003
District Court of Appeal of Florida · decided 2003-03-05
Cited by 2 later decisions — most recently October 2004
2 state decisions
Relies on 784 So. 2d 460 - Smith v. State
Good law ✅— No negative treatment on recordhow we know
Decided 2003-03-05
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