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Misty Croslin appeals drug sentence

ST. JOHNS COUNTY, Fla. -- Misty Croslin, 24, entered a St. Johns County courtroom in handcuffs Tuesday morning and blowing a kiss to her father, Hank Croslin Sr., sitting in a nearby row.

ST. JOHNS COUNTY, Fla. -- Misty Croslin, 24, entered a St. Johns County courtroom in handcuffs Tuesday morning and blowing a kiss to her father, Hank Croslin Sr., sitting in a nearby row.

Misty is hoping to appeal her 25-year conviction for pleading no contest to eight drug trafficking charges from 2010.

Since the charges span across St. Johns County and Putnam County, circuit judges from both counties were present and held a joint motion for post conviction relief.

Before the trial began Misty's attorney asked that two of the four grounds be removed from the motion, those involving her claim that she was unable to comprehend her plea at the time due to a high dosage of psychotropic medication and another ground claiming the her legal counsel was ineffective for failure to investigate and present entrapment a plea defense.

Misty kept the first two grounds for the motion, one claiming the plea was involuntary based on the counsel's failure to advise her of the mandatory sentence and the other claiming an involuntary plea based on off the record promises made by her attorney.

Misty was caught and arrested for the drug charges when she turned 18-years-old after an undercover drug sting. The video was released to to the media.

Misty took the stand to testify. She claimed she involuntarily made a plea of no contest, with hopes that she would fall under the Youth Offenders Act, which would have protected her from such a lengthy sentence. She says that’s what her attorney at the time, Robert Fields, promised her.

She also claimed his counsel was ineffective as she wrote him from prison asking for evidence to be sent to her so she could start working on her case. She asked for transcripts and phone recordings in the letters and pled for help from Fields in getting her sentence shortened.

Fields says he never promised anything. He insisted he explained everything to Misty, but as he talked from the stand, Misty sat shaking her head.

Fields, who was with Misty throughout the search effort for Haleigh Cummings, said Tuesday in court he felt “obligated” to help her with the drug charges but said he was "mad" she got into drugs after telling her to lay low after Haleigh disappeared.

"So you didn't have any choice in the matter?" asked Chris France, the state prosecutor.

"I put all my trust in him," answered Misty from the stand. "I didn't understand any of it."

"Why didn't you understand any of it?" he asked.

"I've never been in trouble before," she said. "I didn't understand."

During her testimony Misty got emotional explaining how she didn't understand what was happening at the time, believing she was only getting six years instead of 25 years.

After Misty, her father took the stand. He defended his position as her father, but admitted to 30 years of heroin addiction, resulting in a rough upbringing for Misty. He insists he still took care of her.

"I'll tell the truth. I helped her. I didn't abandon my kids. I had a drug addition but I worked my *** off and I did help take care of my kids," said Hank.

Hank said Fields took advantage of Misty being so young.

Meanwhile, Fields insisted he discussed in-depth with Misty her options. He said he told her the 25-year sentence was the best option and would allow her a life afterward.

Her father Hank insisted her life is "ruined" with this sentence. He left court emotionally after briefing speaking to the media about how his wife is currently in the hospital and was not able to testify in court Tuesday.

Court wrapped up with, in place of closing arguments, the judge asked that each side of the case present their arguments in a written brief due to them in 30 days, explaining their case for or against appealing or shortening her sentence.

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