01-3153 BUTLER V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 01-3153 BUTLER V. STATE

Case Date: 12/12/2001

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. 2001

ROBERT JAMES BUTLER, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** ** CASE NO. 3D01-3153 LOWER TRIBUNAL NOS. 88-26421; 88-30623A; 89-8137; 90-46311; 91-27258

Opinion filed December 12, 2001. An Appeal under Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Dade County, Manuel A. Crespo, Judge. Robert James Butler, in proper person. Robert A. Butterworth, Attorney General, for appellee. Before JORGENSON, LEVY, and GODERICH, JJ. PER CURIAM. Defendant appeals from an order denying his motion for

postconviction relief.

We affirm.

The trial court denied defendant's motion on the ground that "the court has no jurisdiction." That conclusion was erroneous; the

court did have jurisdiction, as the motion was timely pursuant to

Wood v. State, 750 So. 2d 592 (Fla. 1999).

On the merits, however, See Major v.

the defendant was not entitled to the relief he sought. State, 790 So. 2d 550 (Fla. 3d DCA 2001);

Espinosa v. State, 785 So.

2d 583 (Fla. 3d DCA 2001); Ford v. State, 753 So. 2d 595, 596 (Fla. 3d DCA 2000) ("[N]either the defense attorney nor the trial court is duty-bound to anticipate the defendant's recidivism and warn him of the sentence-enhancing consequences his plea may have for any future crimes he commits.") . AFFIRMED.

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