Polk v. State

ALTENBERND, Judge.

Howard Jack Polk appeals the trial court’s order summarily denying his post-conviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the order but certify a question to the supreme court at the end of this opinion. We conclude that this court’s decision in Ely v. State, 13 So.3d 167 (Fla. 2d DCA 2009), which requires a hearing on certain claims of misadvice of counsel, does not extend to a claim that a defendant’s lawyer advised him to lie under oath at the plea *805hearing as to whether the lawyer had made any promises about the length of his…