NASER YOUSEF GHNEIM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
NASER YOUSEF GHNEIM, APPELLANT,
STATE OF FLORIDA, APPELLEE
950 So. 2d 542
Florida District Court of Appeal, Fourth District (2007)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Naser Yousef Ghneim seeks review of an order that summarily denied his rule 3.850 motion through which he sought to withdraw his plea as involuntary. Ghneim’s claim centers on his allegation that he was not advised that the 1997 plea may subject him to deportation. See Fla. R.Crim. P. 3.172(c)(8). Considering the Florida Supreme Court’s most recent pronouncement in State v. Green, 944 So. 2d 208 (Fla.2006), associated with the timeliness of the motion, and the threshold allegations necessary to support the claim, this case is reversed and remanded to the trial court for an evidentiary hearing. See also Gaston v. State, 950 So. 2d 397, 2007 WL 416088 (Fla. Feb. 8, 2007).
KLEIN, SHAHOOD and MAY, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Rosendo G. Velazquez v. State, 963 So. 2d 295 (Fla. 4th DCA 2007)…ts that conclusively refuted appellant’s claims. As appellant’s motion was timely and met the threshold allegations necessary to support the claim, this case is reversed and remanded to the trial court for further proceedings. See Ghneim v. State, 950 So. 2d 542, 543 (Fla. 4th DCA 2007); see also Gaston v. State, 950 So. 2d 397 (Fla.2007). On remand, the trial court may again deny this motion if the allegations are conclusively refuted by the record attachment. Martinez v. State, 842 So. 2d 900 (Fla. 2d DCA…
Authorities Cited
- State v. Owran Green, 944 So. 2d 208 (Fla. 2006)
- Gaston v. State, 950 So. 2d 397 (Fla. 2007)