01-2496 LONG V. STATE

State: Florida

Court: Florida Southern District Court

Docket No: 3d01-2496

Case Date: 01/23/2002

Plaintiff: 01-2496 LONG

Defendant: STATE

Preview:IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2002
RUBIN LONG, a/k/a OLUSEQUN B. FALODUN,  ** **  CASE NO. 3D01-2496
Appellant,  **
vs.
**  LOWER
THE STATE OF FLORIDA,  **  TRIBUNAL NOS. 90-6596 90-9341
Appellee.  **

Opinion filed January 23, 2002 An appeal under Fla. R. App. P. 9.141(b)(2) from the Circuit
Court for Dade County, Victoria S. Sigler, Judge. Rubin Long, a/k/a Olusequn B. Falodun, in proper person. Robert A. Butterworth, Attorney General, and Thomas C. Mielke,
Assistant Attorney General, for appellee.
Before JORGENSON, GODERICH, and FLETCHER, JJ.
ON MOTION FOR REHEARING
PER CURIAM.
We grant Rubin Long a/k/a Olusequn B. Falodun's motion for rehearing, withdraw our prior opinion and substitute the following opinion.
We affirm the trial court's order denying post-conviction relief. As in Major v. State, 790 So. 2d 550 (Fla. 3d DCA 2001), we certify that we have passed on the following question of great public importance:
WHETHER THE TRIAL COURT OR COUNSEL HAVE A DUTY TO ADVISE A DEFENDANT THAT HIS PLEA IN A PENDING CASE MAY HAVE SENTENCE ENHANCING CONSEQUENCES IF THE DEFENDANT COMMITS A NEW CRIME IN THE FUTURE?
Affirmed; question certified.
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