Legal Opinion

Phillips v. State

District Court of Appeal of Florida

Decided September 7, 2001No. 2D01-24Published

1Opinion of the Court

BLUE, Chief Judge.

Thomas Robbin Phillips appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion. The trial court denied the motion with no explanation or analysis. We reverse in part and affirm in part.

Phillips claims that he was misled by his counsel and by the State into accepting a plea offer, thereby rendering his plea involuntary. He alleges that his attorney did not inform him that he faced habitualization prior to sentencing and that the State failed to provide notice of its intent to seek habitualization. Phillips further contends that he was misinformed *1034abou…

2Cases cited2 opinions

  1. Fuente v. StateSupreme Court of Florida · 1989
  2. Espinosa v. StateDistrict Court of Appeal of Florida · 2000

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