JESUS R. RODRIGUEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JESUS R. RODRIGUEZ, APPELLANT,
STATE OF FLORIDA, APPELLEE
487 So. 2d 1224
Florida District Court of Appeal, Fourth District (1986)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
In a post-conviction motion filed in the trial court, the defendant averred that his plea of guilty was involuntarily entered because his counsel had failed to advise him that such a plea might result in deportation.
Pursuant to Edwards v. State, 393 So. 2d 597 (Fla. 3d DCA 1981), pet. for rev. den., 402 So. 2d 613 (Fla.1981), we agree with the Third District that it was error for the trial court to deny the motion without a hearing.
REVERSED AND REMANDED.
DOWNEY, LETTS and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Villavende v. State, 504 So. 2d 455 (Fla. 2d DCA 1987)…out of this order is another question, and one not relevant to the matter before us.) Villavende relies heavily upon Edwards v. State, 393 So. 2d 597 (Fla. 3d DCA), petition for review denied, 402 So. 2d 613 (Fla.1981). See also, Rodriguez v. State, 487 So. 2d 1224 (Fla. 4th DCA 1986); Martinez v. State, 475 So. 2d 1292 (Fla. 3d DCA 1985). As recognized by the trial court in its order, Florida courts are not unanimous on this question. In Hahn v. State, 421 So. 2d 710 (Fla. 1st DCA 1982), the court found as a…
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State v. Sallato, 508 So. 2d 1256 (Fla. 3d DCA 1987)…PER CURIAM. The order granting the defendant’s motion to vacate his guilty plea is affirmed on the authority of Edwards v. State, 393 So. 2d 597 (Fla. 3d DCA 1981). See also Ginebra v. State, 498 So. 2d 467 (Fla. 3d DCA 1986); Rodriguez v. State, 487 So. 2d 1224 (Fla. 4th DCA 1986); Martinez v. State, 475 So. 2d 1292 (Fla. 3d DCA 1985). We acknowledge that our decision, as well as the authorities cited in support of it, [*1257] conflicts with Hahn v. State, 421 So. 2d 710 (Fla. 1st DCA 1982). Affirmed.…
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Garcia v. State, 508 So. 2d 42 (Fla. 4th DCA 1987)…PER CURIAM. Reversed and remanded for an evidentia-ry hearing on the authority of Rodriguez v. State, 487 So. 2d 1224 (Fla. 4th DCA 1986). DOWNEY, ANSTEAD, and WALDEN, JJ., concur.…
Authorities Cited
- Clement Lemmon Edwards v. State, 393 So. 2d 597 (Fla. 3d DCA 1981)