07-3203 RONALD FORD v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 07-3203

Case Date: 03/06/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA RONALD FORD, Appellant, v. STATE OF FLORIDA, Appellee. ___________________________/ Opinion filed March 6, 2008. An appeal from the Circuit Court for Duval County. Hugh A. Carithers, Judge. Ronald Ford, pro se, Appellant. Bill McCollum, Attorney General, and Christine Ann Guard, Assistant Attorney General, Tallahassee, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D07-3203

PER CURIAM. Appellant Ronald Ford appeals an order denying his rule 3.850 motion in which he asserts that his counsel was ineffective because prior to entering his plea, she affirmatively misadvised him as to who was responsible for concurrently imposing the sentences in the instant case to his sentence imposed for his conditional release violation. The record indicates that the appellant requested, as a condition of entering

his plea, that the sentences be concurrently imposed, and that counsel provided advice which could reasonably lead him to believe that they would be concurrently imposed. The sentences have been consecutively imposed. Neither the plea hearing transcript nor the plea form attached by the trial court in support of its order conclusively refute the claim. However, the record contains a letter in which trial counsel misadvises the appellant, and makes reference to having previously provided him the same misadvice, that it was up to the Parole Commission or the Department of Corrections [DOC] to concurrently impose the sentences. This is incorrect. See

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