EY v. STATE

No. SC03-2161.

982 So.2d 618 (2008)

Robert EY, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied May 15, 2008.


Attorney(s) appearing for the Case

Hunter W. Carroll of Carlton and Carroll, P.A., Bradenton, FL, for Petitioner.

Bill McCollum, Attorney General, Tallahassee, FL; Robert J. Krauss, Assistant Attorney General, Bureau Chief, and Patricia A. McCarthy, Assistant Attorney General, Tampa, FL, for Respondent.


CANTERO, J.

In this case, we consider whether, when a defendant has committed two separate crimes and informs his attorney about both of them, the attorney's erroneous advice that his plea in one case could not be used to enhance his sentence in the other constitutes ineffective assistance of counsel. We hold that it does. We also hold, however, that such claims must be filed within the two-year deadline of Florida Rule of Criminal Procedure 3.850.

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