Hanson v. State

Full title: OSCAR HANSON, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Mar 12, 2003

839 So. 2d 859 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 2D02-3665

Opinion filed March 12, 2003.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Pinellas County; Nancy Moate Ley, Judge.

Kevin A. Fuller of Law Offices of Kevin A. Fuller, Bayonet Point, for Appellant.

STRINGER, Judge.

Oscar Hanson challenges the order of the trial court summarily denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm.

In his motion, Hanson alleged that his pleas were involuntary because trial counsel affirmatively misadvised him that the convictions could not be used in the future as prior offenses for sentencing purposes. InStansel 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.

NORTHCUTT and SALCINES, JJ., Concur.