GENO JOSEPH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2013-02-13
No. 4D12-2748
WARNER, TAYLOR and CONNER, JJ., concur.
107 So. 3d 492 Florida District Court of Appeal, Fourth District (2013) Caution
Cited by 5 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the denial of appellant’s motion for postconviction relief. First, Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), does not apply retroactively to the 1999 plea. Hernandez v. State, — So.3d - (Fla.2012). Second, appellant does not show that he was present in the country lawfully. Padilla applies only to those who were present in the country lawfully at the time of the plea. Appellant cannot show that the plea is the sole basis for his removability. See Rosas v. State, 991 So.2d 1003 (Fla. 4th DCA 2008).

Affirmed.

WARNER, TAYLOR and CONNER, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Cano v. State, 112 So. 3d 646 (Fla. 4th DCA 2013)
    …6) that, if the movant had been accurately advised, he or she would not have entered the plea. See Ioselli v. State, 4D12-1449, 2013 WL 611781 (Fla. 4th DCA Feb.20, 2013) (citing Forrest v. State, 988 So. 2d 38 (Fla. 4th DCA 2008)); Joseph v. State, 107 So. 3d 492 (Fla. 4th DCA 2013); Hernandez, — So. 3d at -, 37 Fla. L. Weekly at S731-32; Padilla, 130 S.Ct. at 1483. We affirm the summary denial of appellant’s motion without prejudice for him to file a legally sufficient motion, if he can do so in good faith…
  • Rosario v. State, 165 So. 3d 672 (Fla. 4th DCA 2015)
    …e cannot be established if the defendant was present in the country unlawfully or was otherwise subject to removal. Ibarra v. State, 125 So. 3d 820, 821 (Fla. 4th DCA 2013); Ioselli v. State, 122 So. 3d 388, 390 (Fla. 4th DCA 2013); Joseph v. State, 107 So. 3d 492 (Fla. 4th DCA 2013); see also Garcia v. State, 425 S.W. 3d 248, 261 n. 8 (Tenn.2013) (“[C]ourts have consistently held that an illegal alien who pleads guilty cannot establish prejudice, even if defense counsel failed to provide advice about the dep…
  • Ibarra v. State, 125 So. 3d 820 (Fla. 4th DCA 2013)
    …legal alien and is subject to removal on that basis alone. As an illegal alien, appellant had no legitimate expectation that he would be allowed to remain in this country when he committed the offenses and entered the plea at issue. Joseph v. State, 107 So. 3d 492 (Fla. 4th DCA Feb.13, 2013) (“Padilla applies only to those who were present in the country lawfully at the time of the plea.”). Any reliance that appellant allegedly placed on counsel’s purported advice that appellant would not be deported as a res…

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