Bivens v. State

District Court of Appeal of Florida

Bivens v. State

840 So. 2d 355, 2003 Fla. App. LEXIS 2592, 2003 WL 729198

CourtDistrict Court of Appeal of Florida

DecidedMarch 5, 2003

DocketNo. 4D02-3175

StatusPublished

Cited by1 cases

This text of 840 So. 2d 355 (Bivens v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bivens v. State, 840 So. 2d 355, 2003 Fla. App. LEXIS 2592, 2003 WL 729198 (Fla. Ct. App. 2003).

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Opinion

PER CURIAM.

We 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.

TAYLOR, HAZOURI and MAY, JJ., concur.

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PER CURIAM.

We 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.

TAYLOR, HAZOURI and MAY, JJ., concur.

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840 So. 2d 355, 2003 Fla. App. LEXIS 2592, 2003 WL 729198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bivens-v-state-fladistctapp-2003.

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