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Sharma v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Aug 23, 2019
277 So. 3d 775 (Fla. Dist. Ct. App. 2019)

Opinion

Case No. 5D19-146

08-23-2019

Nikhil Sen SHARMA, Appellant, v. STATE of Florida, Appellee.

Michael Ufferman, of Michael Ufferman Law Firm, P.A., Tallahassee, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee.


Michael Ufferman, of Michael Ufferman Law Firm, P.A., Tallahassee, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee.

EDWARDS, J.

ON MOTION FOR REHEARING, FOR ISSUANCE OF A WRITTEN OPINION, AND FOR CERTIFICATION OF CONFLICT.

We deny Appellant's motion for rehearing, but grant the motions for issuance of a written opinion, and for certification of conflict. We withdraw our original opinion and replace it with the following opinion.

In accordance with Hampton v. State , 217 So.3d. 1096 (Fla. 5th DCA 2017), we affirm the postconviction court's order denying Appellant's postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Contrary to Appellant's claim, we once again hold that "a plea is not rendered involuntary nor is ineffective assistance of counsel established when the defendant is not informed of every possible ramification or limitation concerning gain time or every possible reduction in time to be served." Hampton , 217 So.3d at 1099. We certify conflict with the decisions of the Second District in Parker v. State , 808 So.2d 264 (Fla. 2d DCA 2002), Butler v. State , 764 So.2d 794 (Fla. 2d DCA 2000), Black v. State , 698 So.2d 1370 (Fla. 2d DCA 1997), and Watson v. State , 661 So.2d 72 (Fla. 2d DCA 1995).

AFFIRMED. CONFLICT CERTIFIED.

COHEN and EISNAUGLE, JJ., concur.


Summaries of

Sharma v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Aug 23, 2019
277 So. 3d 775 (Fla. Dist. Ct. App. 2019)
Case details for

Sharma v. State

Case Details

Full title:NIKHIL SEN SHARMA, Appellant, v. STATE OF FLORIDA, Appellee.

Court:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Aug 23, 2019

Citations

277 So. 3d 775 (Fla. Dist. Ct. App. 2019)