Lee v. State

828 So. 2d 440, 2002 Fla. App. LEXIS 15092, 2002 WL 31306619
Procedural entryThis page is a short order in Lee v. State. Read the opinion of the Court — 770 So. 2d 231
District Court of Appeal of Florida·Decided October 16, 2002·No. No. 2D01-4124·Published

Opinion

PER CURIAM.

Roy Lee 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, Lee alleged that his plea was involuntary because defense counsel affirmatively misadvised him regarding the future sentencing-enhancing effects of the plea in regard to an as yet uncommitted crime. 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. We affirm, without dis[441]*441cussion, any other issues raised by Lee in his motion.

ALTENBERND, WHATLEY, and NORTHCUTT, JJ„ concur.

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Lee v. State, 828 So. 2d 440, 2002 Fla. App. LEXIS 15092, 2002 WL 31306619 (Fla. Ct. App. 2002).

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Related

Stansel v. State
825 So. 2d 1007 (District Court of Appeal of Florida, 2002)