McClendon v. State

861 So. 2d 1213, 2003 Fla. App. LEXIS 18746, 2003 WL 22900458
CourtDistrict Court of Appeal of Florida
DecidedDecember 10, 2003
DocketNo. 2D03-3471
StatusPublished

This text of 861 So. 2d 1213 (McClendon 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.

Bluebook
McClendon v. State, 861 So. 2d 1213, 2003 Fla. App. LEXIS 18746, 2003 WL 22900458 (Fla. Ct. App. 2003).

Opinion

PER CURIAM.

Affirmed. See Alexander v. State, 830 So.2d 899 (Fla. 2d DCA 2002); Camille v. State, 803 So.2d 910 (Fla. 2d DCA 2002). As this court did in Alexander, 830 So.2d at 899-900, 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.

Affirmed; question certified.

CANADY, VILLANTI and WALLACE, JJ., Concur.

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Related

Alexander v. State
830 So. 2d 899 (District Court of Appeal of Florida, 2002)
Camille v. State
803 So. 2d 910 (District Court of Appeal of Florida, 2002)

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Bluebook (online)
861 So. 2d 1213, 2003 Fla. App. LEXIS 18746, 2003 WL 22900458, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcclendon-v-state-fladistctapp-2003.