ALSTON V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT LUTHER LEON ALSTON, JULY TERM, A.D. 2001 ** ** Appellant, CASE NO. 3D01-1538 ** vs. ** THE STATE OF FLORIDA, ** Appellee. ** LOWER TRIBUNAL CASE NOS. F87-25951 F89-31551 F89-44661 Opinion filed November 7, 2001. An appeal from the Circuit Court of Dade County, Daryl E. Trawick, Judge. John H. Lipinski, for appellant. Robert A. Butterworth, Attorney General, and Paulette R. Taylor, Assistant Attorney General, for appellee. Before COPE, LEVY, and FLETCHER, JJ. PER CURIAM. We affirm the lower court's order denying post-conviction relief. As in Major v. State, 790 So. 2d 550 (Fla. 3d DCA 2001), we certify that we have passed on the following question public importance: WHETHER THE TRIAL COURT OR COUNSEL HAS A DUTY TO ADVISE A DEFENDANT THAT HIS PLEA IN A PENDING CASE MAY HAVE SENTENCE ENHANCING CONSEQUENCES IF THE DEFENDANT COMMITS A NEW CRIME IN THE FUTURE? Affirmed; question certified. of great

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