Ey v. State

Robert EY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided November 7, 2003.

District Court of Appeal of Florida · decided 2003-11-07

Cited by 2 later decisions — most recently February 2008

2 state decisions

Key passage — most relied on by later courts

“Whether allegations of affirmative misadvice by trial counsel on the sentence enhancing consequences of a defendant's plea for future criminal behavior in an otherwise facially sufficient motion are cognizable as an ineffective assistance of counsel claim.”

quoted by 1 later decision, including Ey v. State

Relies on Brown v. State · 830 So. 2d 899 - Alexander v. State · 684 So. 2d 241 - McGee v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2003-11-07

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¶1 *65 PER CURIAM.

¶2Affirmed. See Alexander v. State, 830 So.2d 899 (Fla. 2d DCA 2002); Brown v. State, 827 So.2d 1054 (Fla. 2d DCA 2002); McGee v. State, 684 So.2d 241 (Fla. 2d DCA 1996). As this court did in Alexander, 830 So.2d at 899-90, we certify the same question of great public importance, to wit:

WHETHER ALLEGATIONS OF AFFIRMATIVE MISADVICE BY TRIAL COUNSEL ON THE SENTENCE ENHANCING CONSEQUENCES OF A DEFENDANT'S PLEA FOR FUTURE CRIMINAL BEHAVIOR IN AN OTHERWISE FACIALLY SUFFICIENT MOTION ARE COGNIZABLE AS AN INEFFECTIVE ASSISTANCE OF COUNSEL CLAIM.

¶3Affirmed; question certified.

¶4FULMER, KELLY, and WALLACE, JJ., Concur.