ALTON JACKSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ALTON JACKSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
828 So. 2d 1054
Florida District Court of Appeal, Second District (2002)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Alton Jackson 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, Jackson 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 Jackson in his motion.
ALTENBERND, WHATLEY, and NORTHCUTT, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wachter v. State, 868 So. 2d 629 (Fla. 2d DCA 2004)…ecord facts.” West v. State, 825 So. 2d 499 (Fla. 2d DCA 2002). This court has held that to present a facially sufficient 3.800(a) Hale claim, the mov-ant must allege that the claim can be determined from the face of the record. See Watson v. State, 828 So. 2d 1054, 1054 (Fla. 2d DCA 2002). However, in Burgess v. State, 831 So. 2d 137, 141 (Fla.2002), the supreme court held that a trial court cannot rely on hearsay documentation that is contained in the trial court record, such as a police report, to determine…
Authorities Cited
- Stansel v. State, 825 So. 2d 1007 (Fla. 2d DCA 2002)