Florida Rule Of Criminal Procedure 3.172(C)(8)

46 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Roan Peart v. State
  756 So. 2d 42· Fla.· 2000-04-13 ·cited 267×
  The Florida Supreme Court resolved conflicting district court decisions regarding postconviction relief for defendants who were not advised of deportation consequences when entering guilty pleas in violation of Florida Rule of Criminal Procedure 3.172(c)(8). The Court held that d
• Hernandez v. State
  61 So. 3d 1144· Fla. 3d DCA· 2011-04-06 ·cited 256×
  Gabriel Hernandez appealed the denial of his motion to vacate his 2001 guilty plea to drug trafficking, arguing he received ineffective assistance of counsel under Padilla v. Kentucky regarding immigration consequences. The Third District held that while Padilla renders Florida's
• Edilberto Barrios-Cruz v. State
  63 So. 3d 868· Fla. 2d DCA· 2011-06-10 ·cited 123×
  Barrios-Cruz appeals the summary denial of post-conviction relief motions claiming ineffective assistance of counsel for failure to advise him of deportation consequences of his guilty pleas. The court holds that Padilla v. Kentucky does not apply retroactively to final convictio
• State v. Partlow
  840 So. 2d 1040· Fla.· 2003-02-20 ·cited 115×
  The Florida Supreme Court held that the sexual offender registration requirement is a collateral consequence of a guilty plea, not a direct consequence, and therefore trial courts are not required to inform defendants of this requirement before accepting their plea. A defendant's
• Roan Peart v. State
  705 So. 2d 1059· Fla. 3d DCA· 1998-02-18 ·cited 90×
  The Florida Third District Court of Appeal consolidated five appeals involving defendants who sought to overturn guilty pleas based on trial courts' failure to advise them of deportation consequences under Florida Rule of Criminal Procedure 3.172(c)(8). The court held that coram
• Forrest v. State
  988 So. 2d 38· Fla. 4th DCA· 2008-07-09 ·cited 60×
  Forrest appeals the summary denial of his Rule 3.850 motion challenging the voluntariness of his 1991 guilty plea based on the trial court's failure to advise him of potential deportation consequences. The court reverses and remands, holding that the trial court must provide Forr
• Prieto v. State
  824 So. 2d 924· Fla. 3d DCA· 2002-06-26 ·cited 43×
  Jorge Prieto appealed his conviction and sentence after entering a plea agreement, claiming his trial counsel and the trial court failed to advise him of the immigration consequences of his guilty plea. The Florida District Court of Appeal affirmed the lower court's denial of rel
• Assadollah Ghanavati v. State
  820 So. 2d 989· Fla. 4th DCA· 2002-06-12 ·cited 36×
  A defendant may withdraw a plea based on affirmative misadvice, even regarding collateral consequences, if prejudiced.
• HEN LIN LU v. State
  683 So. 2d 1110· Fla. 4th DCA· 1996-11-27 ·cited 30×
  A written plea agreement form alone is insufficient to demonstrate compliance with the rule requiring oral advisement of potential deportation consequences; the trial court must orally verify the defendant's understanding of the written information.
• State v. Freijo
  987 So. 2d 190· Fla. 3d DCA· 2008-07-23 ·cited 23×
  The Florida District Court of Appeal reversed the circuit court's decision granting Jose Antonio Freijo's motion to vacate his 1995 plea conviction based on failure to warn of immigration consequences. The court held that the Florida Supreme Court's decision in State v. Green did
• State v. Hossain Rajaee
  745 So. 2d 469· Fla. 5th DCA· 1999-11-19 ·cited 17×
  A defendant's personal mistake concerning his citizenship status, not attributable to the court or government, does not render a plea involuntary and does not constitute grounds for withdrawal under Florida Rule of Criminal Procedure 3.170(i). The trial court must follow the proc
• Pena v. State
  980 So. 2d 542· Fla. 4th DCA· 2008-04-16 ·cited 16×
  Leonardo Pena appealed the denial of his motion to withdraw a 1991 guilty plea based on lack of advisement regarding immigration consequences. The court affirmed the denial, holding that Pena's 2007 motion was untimely because he had already filed a timely motion in 2000 under Pe
• Markland v. State
  971 So. 2d 832· Fla. 3d DCA· 2007-10-17 ·cited 16×
  Markland appeals the denial of a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, claiming he was not advised of deportation consequences during his plea colloquy for first-degree murder. The court affirms, finding the claim time-barred and without
• Johnson v. State
  760 So. 2d 992· Fla. 2d DCA· 2000-06-14 ·cited 14×
  Scott Johnson, a British citizen who did not know his own citizenship, appealed the denial of his postconviction relief motion challenging his guilty plea to armed trafficking in methamphetamine. The court reversed and remanded because the trial judge failed to warn him of deport
• Ehoud Buton v. State
  995 So. 2d 1130· Fla. 4th DCA· 2008-12-03 ·cited 10×
  The court held that the defendant should have been allowed to amend his motion to address whether his conviction subjected him to deportation, and the court could not determine from the record if other convictions independently subjected him to deportation.
• Federico Ventura v. State
  977 So. 2d 794· Fla. 2d DCA· 2008-04-04 ·cited 8×
  Federico Ventura appealed the denial of his second motion for postconviction relief claiming his guilty plea was invalid because he was not informed of potential deportation consequences and could not understand the proceedings due to language barriers. The District Court of Appe
• Marling Alfaro v. State
  828 So. 2d 1056· Fla. 3d DCA· 2002-10-22 ·cited 8×
  Marling Alfaro appeals the denial of her Rule 3.850 motion for postconviction relief, arguing that her 1991 guilty plea to burglary and criminal mischief should be vacated because she was not warned of potential immigration consequences. The appellate court reverses, holding that
• Rabah Benelhocine v. State
  787 So. 2d 38· Fla. 2d DCA· 2001-02-21 ·cited 8×
  The court held that a defendant is entitled to an evidentiary hearing on a motion for post-conviction relief if they allege the trial court failed to inform them of the possibility of deportation and that they suffered prejudice as a result.
• State v. Lindo
  863 So. 2d 1237· Fla. 4th DCA· 2003-12-31 ·cited 6×
  The court held that the trial court correctly vacated the defendant's nolo contendere plea because he was not adequately advised of the deportation consequences, and the motion to vacate was timely filed.
• Roody Joseph v. State
  782 So. 2d 895· Fla. 2d DCA· 2001-02-14 ·cited 6×
  Roody Joseph appeals the summary denial of his Rule 3.850 motion for postconviction relief, claiming his five nolo contendere pleas were involuntary because he was not adequately advised of deportation risks. The court reverses and remands, holding that a plea form with a deporta
• Glenroy Blackwood v. State
  217 So. 3d 1146· Fla. 2d DCA· 2017-04-28 ·cited 4×
  The court held that the postconviction court erred in denying relief by imposing an additional evidentiary burden on the movant to prove automatic deportation under federal immigration statutes when no warning of immigration consequences was given.
• In re Amendments to the Florida Rules of Juvenile Procedure
  115 So. 3d 286· Fla.· 2013-05-23 ·cited 4×
  The Florida Supreme Court adopted amendments to the Florida Rules of Juvenile Procedure to modernize juvenile court rules, improve procedures in delinquency and dependency cases, and address statutory requirements. The amendments became effective July 1, 2013.
• Kieran F. O'Neill v. State
  107 So. 3d 1133· Fla. 2d DCA· 2012-06-01 ·cited 4×
  The court held that a general deportation warning during a plea colloquy does not cure prejudice from counsel's incorrect advice regarding deportation consequences, as required by Padilla v. Kentucky.
• Conionilli v. State
  58 So. 3d 380· Fla. 2d DCA· 2011-04-08 ·cited 4×
  Conionilli appeals denial of his rule 3.850 postconviction motion alleging ineffective assistance of counsel regarding sentencing consequences. The court affirms, holding that even if a post-Ey two-year window existed for misadvice about sentencing consequences, Conionilli would
• Soreliz Ascanio v. State
  754 So. 2d 749· Fla. 2d DCA· 2000-02-16 ·cited 4×
  Soreliz Ascanio appealed the denial of her petition for writ of error coram nobis, seeking to withdraw her guilty pleas because the trial court failed to orally inform her of deportation consequences. The court reversed and allowed her to withdraw her pleas, applying the newly am
• Chavez v. State
  899 So. 2d 430· Fla. 3d DCA· 2005-04-06 ·cited 3×
  Eduardo Chavez appealed the denial of his motion for post-conviction relief challenging his 1997 guilty plea to cocaine possession, claiming the interpreter failed to translate the trial court's warning about adverse immigration consequences. The appellate court affirmed the deni
• Carter v. State
  43 So. 3d 907· Fla. 3d DCA· 2010-09-08 ·cited 2×
  Ricardo Anthony Carter appeals the denial of his Rule 3.850 motion to vacate his guilty plea for drug offenses based on the trial court's failure to inform him of deportation consequences. The appellate court affirmed the trial court's denial as untimely but allowed Carter to fil
• Alfonso v. State
  35 So. 3d 978· Fla. 3d DCA· 2010-05-12 ·cited 2×
  A trial court that denies a post-conviction motion for failure to warn of deportation consequences as legally insufficient must clearly inform the defendant of his right to amend the motion; if the order is ambiguous, reversal and remand for amendment is appropriate.
• Rayon Payne v. State
  890 So. 2d 284· Fla. 5th DCA· 2004-11-19 ·cited 2×
  Rayon Payne appeals the summary denial of a Rule 3.850 post-conviction motion asserting his plea was involuntary because he was not informed of deportation consequences. The court reverses and remands for an evidentiary hearing, finding the motion facially sufficient under the th
• Sehnal v. State
  884 So. 2d 478· Fla. 4th DCA· 2004-10-06 ·cited 2×
  The appellate court held that the defendant's motion to vacate her plea was untimely because it was filed more than two years after she gained or should have gained knowledge of the change in law that rendered her plea involuntary.
• Rayon Payne v. State
  869 So. 2d 633· Fla. 5th DCA· 2004-03-26 ·cited 2×
  Rayon Payne appeals the denial of his Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief, challenging his no-contest plea to possession of stolen credit cards and scheme to defraud on grounds that he was not advised of deportation consequences. The court a
• Seraphin v. State
  785 So. 2d 608· Fla. 4th DCA· 2001-04-25 ·cited 2×
  Peter Seraphin appeals the dismissal of his Rule 3.850 postconviction relief motion challenging his plea to robbery with a deadly weapon. The trial court dismissed the motion as moot after Seraphin was deported, but the appellate court reversed, holding that deportation does not
• Ashby v. State
  752 So. 2d 698· Fla. 2d DCA· 2000-02-16 ·cited 2×
  Preston Ashby appealed the trial court's denial of his motion to withdraw his guilty plea to cocaine possession and delivery. The court affirmed the denial as untimely but remanded because the trial court failed to comply with Florida Rule of Criminal Procedure 3.172(c)(8) by ask
• ST. Louis v. State
  134 So. 3d 546· Fla. 3d DCA· 2014-03-12 ·cited 1×
  The court held that the defendant's sworn admission during the plea colloquy conclusively refuted his claim of prejudice from ineffective assistance of counsel regarding deportation consequences.
• Julien Garcon v. State
  23 So. 3d 1286· Fla. 4th DCA· 2010-01-06 ·cited 1×
  The appellate court reversed and remanded a postconviction relief denial, finding one ground timely where the defendant claimed he was not informed of deportation consequences and only learned of the threat after his federal sentence.
• Castrillon v. State
  8 So. 3d 1223· Fla. 3d DCA· 2009-04-29 ·cited 1×
  Maria Rubi Castrillon appealed the denial of her postconviction motion seeking to vacate her 1994 nolo contendere plea on the ground that she was not advised of deportation consequences. The court affirmed the denial but granted leave to amend the motion to cure procedural defici
• Nero Cooke v. State
  174 So. 3d 628· Fla. 4th DCA· 2015-09-16
  Nero Cooke appeals the denial of his Rule 3.850 motion for postconviction relief based on ineffective assistance of counsel for failing to advise him of the deportation consequences of his guilty plea to carrying a concealed firearm. The Fourth District reversed, holding that the
• Abdool Rahim v. State
  103 So. 3d 895· Fla. 2d DCA· 2012-10-17
  A trial court's warning during a plea colloquy that a defendant could be deported does not cure prejudice from counsel's failure to advise on deportation consequences.
• Keyion Gale v. State
  79 So. 3d 126· Fla. 3d DCA· 2012-01-25
  Florida appellate court affirmed the denial of a Rule 3.850 motion to vacate a no contest plea because the motion was filed outside the two-year deadline and Padilla v. Kentucky has no retroactive effect.
• Martinez v. State
  16 So. 3d 840· Fla. 3d DCA· 2009-04-15
  A trial court's failure to warn a defendant of immigration consequences other than deportation (such as inadmissibility upon reentry) does not entitle the defendant to postconviction relief where Florida Rule of Criminal Procedure 3.172(c)(8) requires only a warning about possibl
• Almanza v. State
  992 So. 2d 427· Fla. 3d DCA· 2008-10-15
  Roberto Martin Almanza appealed the denial of his postconviction motion seeking to set aside a 1995 guilty plea for aggravated assault and carrying a concealed firearm due to the trial court's failure to warn him of deportation consequences. The appellate court affirmed the denia
• Orduno v. State
  933 So. 2d 1266· Fla. 2d DCA· 2006-07-26
  The court held that Orduno's motion for postconviction relief was facially insufficient because it failed to allege when he first learned of the threat of deportation.
• State v. David
  908 So. 2d 1188· Fla. 2d DCA· 2005-08-31
  The State appealed a trial court's grant of Emmanuel David's rule 3.850 motion vacating his guilty plea to grand theft charges. David, a foreign national, claimed the plea was involuntary because he was not advised of potential deportation consequences as required by rule 3.172(c
• Vipul Reshamwala v. State
  805 So. 2d 89· Fla. 2d DCA· 2002-01-18
  The court held that the trial court erred in summarily denying the motion for postconviction relief because the record did not conclusively refute the claim that the plea was involuntary due to lack of advice regarding deportation consequences.
• Osric Jones v. State
  804 So. 2d 445· Fla. 1st DCA· 2001-10-30
  The court held that the defendant failed to demonstrate prejudice from the trial court's failure to explicitly advise him that his guilty plea might subject him to deportation.
• Medina v. State
  711 So. 2d 256· Fla. 3d DCA· 1998-06-03
  Vincent Medina, a resident alien, appealed the denial of his petition for writ of error coram nobis seeking to invalidate his 1987 guilty plea to fraud, primarily on grounds that he was not advised of possible deportation consequences. The Florida appellate court affirmed the den