5D04-1494 Alexis Hernandez v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D04-1494

Case Date: 01/17/2005

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2005

ALEXIS HERNANDEZ, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed January 21, 2005. 3.850 Appeal from the Circuit Court for Brevard County, Rhonda E. Babb, Acting Circuit Judge. Alexis Hernandez, Florida City, pro se. Charles J. Crist, Jr., Attorney General, Tallahassee, and Judy T. Rush, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D04-1494

THOMPSON, J. Alexis Hernandez appeals the denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Finding no error, we affirm. In his motion, Hernandez alleged that his trial counsel was ineffective for not advising him that his parole might be revoked as a consequence of entering a plea of no contest to reckless driving. During the hearing on the motion, Hernandez's attorney

testified that she had advised Hernandez of the consequences of the plea and that his

parole might be revoked.

The trial court found counsel's testimony to be credible.

Having reviewed the file and the order entered by the trial court, we find no error. See Strickland v. Washington, 466 U.S. 688 (1984). AFFIRMED.

GRIFFIN and PALMER, JJ., concur.

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