Wisnia Etienne v. State of Florida

District Court of Appeal of Florida

Wisnia Etienne v. State of Florida

171 So. 3d 183, 2015 Fla. App. LEXIS 11404, 2015 WL 4549490

CourtDistrict Court of Appeal of Florida

DecidedJuly 29, 2015

Docket4D14-4104

StatusPublished

Cited by1 cases

This text of 171 So. 3d 183 (Wisnia Etienne v. State of Florida) 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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Wisnia Etienne v. State of Florida, 171 So. 3d 183, 2015 Fla. App. LEXIS 11404, 2015 WL 4549490 (Fla. Ct. App. 2015).

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Opinion

PER CURIAM.

We affirm the trial court’s order denying appellant’s motion for postconviction relief from his twenty-five year sentence. He claims that his attorney was ineffective for misadvising him that he would be sentenced between eight and fifteen years if he rejected the state’s offer of fifteen years and pled open to the court. However, during the plea colloquy, the court specifically told appellant that the court could sentence him above the state’s offer up to a maximum of life in prison and confirmed that appellant understood. The court asked him if he understood that no one, at that point in time, knew what his sentence would be. The court further asked appellant whether anyone had advised him of what his sentence would be if he pled no contest, to which the appellant responded “no.” The trial court informed him of the minimum and maximum for the crime. These facts from the record show conclusively that appellant could not rely on his attorney’s advice in the face of the trial court’s specific explanation that it could sentence him above the state’s plea offer of fifteen years and appellant’s agreement that no one had advised him of what his sentence would be. See Alfred v. State, 71 So.3d 138, 139 (Fla. 4th DCA 2011); Alfred v. State, 998 So.2d 1197, 1199-200 (Fla. 4th DCA 2009). As to appellant’s second ground for relief, we also affirm. See United States v. Hoffman, 733 F.2d 596 (9th Cir.1984); United States v. Mouzin, 785 F.2d 682 (9th Cir.1986).

Affirmed.

WARNER, STEVENSON and FORST, JJ., concur. '

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PER CURIAM.

We affirm the trial court’s order denying appellant’s motion for postconviction relief from his twenty-five year sentence. He claims that his attorney was ineffective for misadvising him that he would be sentenced between eight and fifteen years if he rejected the state’s offer of fifteen years and pled open to the court. However, during the plea colloquy, the court specifically told appellant that the court could sentence him above the state’s offer up to a maximum of life in prison and confirmed that appellant understood. The court asked him if he understood that no one, at that point in time, knew what his sentence would be. The court further asked appellant whether anyone had advised him of what his sentence would be if he pled no contest, to which the appellant responded “no.” The trial court informed him of the minimum and maximum for the crime. These facts from the record show conclusively that appellant could not rely on his attorney’s advice in the face of the trial court’s specific explanation that it could sentence him above the state’s plea offer of fifteen years and appellant’s agreement that no one had advised him of what his sentence would be. See Alfred v. State, 71 So.3d 138, 139 (Fla. 4th DCA 2011); Alfred v. State, 998 So.2d 1197, 1199-200 (Fla. 4th DCA 2009). As to appellant’s second ground for relief, we also affirm. See United States v. Hoffman, 733 F.2d 596 (9th Cir.1984); United States v. Mouzin, 785 F.2d 682 (9th Cir.1986).

Affirmed.

WARNER, STEVENSON and FORST, JJ., concur. '

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171 So. 3d 183, 2015 Fla. App. LEXIS 11404, 2015 WL 4549490, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wisnia-etienne-v-state-of-florida-fladistctapp-2015.

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