01-2760 CLARK V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 01-2760 CLARK V. STATE

Case Date: 12/18/2002

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2002

ISAAC CLARK, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** ** CASE NO. 3D01-2760 LOWER TRIBUNAL NO. 95-9539

Opinion filed December 18, 2002. An Appeal from the Circuit Court for Dade County, Dennis J. Murphy, Judge. Isaac Clark, in proper person. Richard E. Doran, Attorney General, and Erin K. Zack, Assistant Attorney General, for appellee.

Before JORGENSON, COPE, and SHEVIN, JJ.

PER CURIAM. Defendant appeals from the denial of his motion for

postconviction relief.

We affirm on the authority of Scott v.

State,

813

So.

2d

1025

(Fla. to

3d

DCA

2002) he

(holding has been

that given

defendant

not

entitled

relief

"where the

affirmative

misadvice

regarding

possible

sentencing-

enhancing consequences of a plea in the event that the defendant commits a new crime in the future"). See also McPhee v. State,

823 So. 2d 160 (Fla. 3d DCA 2002); Wallace v. State, No. 3D013339 (Fla. 3d DCA August 14, 2002). As we did in Wallace and McPhee, we certify conflict with Smith v. State, 784 So. 2d 460 (Fla. 4th DCA 2000). AFFIRMED.

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