Bain v. State
830 So. 2d 894, 2002 Fla. App. LEXIS 16967, 2002 WL 31525679
Procedural entryThis page is a short order in Bain v. State. Read the opinion of the Court — 839 So. 2d 739 →
Opinion
John Bain challenges the trial court’s order summarily denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm. In his motion, Bain alleged that his plea was involuntary because defense counsel affirmatively mi-sadvised him that these convictions could not be used in the future as prior offenses for sentencing purposes. In Stansel v. State, 825 So.2d 1007 (Fla. 2d DCA 2002), we held that this claim is not cognizable in a rule 3.850 motion. We certify the same question that we certified in Stansel.
Affirmed.
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Bain v. State, 830 So. 2d 894, 2002 Fla. App. LEXIS 16967, 2002 WL 31525679 (Fla. Ct. App. 2002).
830 So. 2d 894 (Bain v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Stansel v. State
825 So. 2d 1007 (District Court of Appeal of Florida, 2002)