Jenkins v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT DENNIS JENKINS, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D01-4024 Opinion filed October 16, 2002. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Lee County; Thomas S. Reese, Judge. PER CURIAM. Dennis Jenkins challenges the trial court's order summarily denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm. In his motion, Jenkins alleged that his plea was involuntary because defense counsel affirmatively misadvised him regarding the future sentencingenhancing effects of the plea in regard to an as yet uncommitted crime. In Stansel v. State, 27 Fla. L. Weekly D1947 (Fla. 2d DCA Aug. 28, 2002), we held that this claim is not cognizable in a rule 3.850 motion. We certify the same question that we certified in Stansel. We affirm, without discussion, any other issues raised by Jenkins in his motion. ALTENBERND, WHATLEY, and NORTHCUTT, JJ., Concur. -2-

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