Rooks v. State

District Court of Appeal of Florida

Rooks v. State

834 So. 2d 225, 2002 Fla. App. LEXIS 15185, 2002 WL 31323383

District Court of Appeal of Florida·Decided October 18, 2002·No. No. 2D01-4519·Published

Opinion

PER CURIAM.

Robert L. Rooks 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, Rooks 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 discussion, any other issues raised by Rooks in his motion.

ALTENBERND, WHATLEY, and NORTHCUTT, JJ., concur.

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PER CURIAM.

Robert L. Rooks 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, Rooks 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 discussion, any other issues raised by Rooks in his motion.

ALTENBERND, WHATLEY, and NORTHCUTT, JJ., concur.

Rooks v. State, 834 So. 2d 225, 2002 Fla. App. LEXIS 15185, 2002 WL 31323383 (Fla. Ct. App. 2002).

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Opinion

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