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John Lee BAIN, Appellant, v. STATE of Florida, Appellee.
John Bain 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, Bain alleged that his plea was involuntary because defense counsel affirmatively misadvised him that these convictions could not be used in the future as prior offenses for sentencing purposes. 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.
Affirmed.
SILBERMAN, Judge.
GREEN and DAVIS, JJ., Concur.
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Docket No: No. 2D02-2516.
Decided: November 15, 2002
Court: District Court of Appeal of Florida,Second District.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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