DEAN E. HAHN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the defendant's appointed counsel's failure to advise him of potential deportation did not constitute ineffective assistance of counsel as a matter of law.
Hahn appealed the denial of his motion for post-conviction relief, alleging his counsel failed to inform him that his guilty plea could lead to deport…
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MILLS, Judge.
Hahn appeals denial of his motion for post-conviction release, Rule of Criminal Procedure 3.850.
Hahn asserts that his appointed counsel’s failure to advise him that as a resident alien he faced deportation after his guilty plea deprived him of effective assistance of counsel, see Edwards v. State, 393 So. 2d 597 (Fla. 3d DCA 1981). We disagree and affirm.
We note at the outset that no record was developed on the factual questions of: 1) is Hahn an alien; 2) what advice was given Hahn; and 3) how many prior convictions does Hahn have. These questions must be answered before prejudice to Hahn could be established.
We do not remand, however, because we decide as a matter of law that Hahn has not alleged ineffective assistance of counsel. In Knight v. State, 394 So. 2d 997 (Fla.1981), our Supreme Court announced a four-point test. We focus on the second point. We are of the opinion that the omission complained of by Hahn is not a substantial and serious deficiency measurably below competent counsel. In the northern part of this State, counsel would not reasonably expect his client to be an alien. This possibly distinguishes Edwards, supra, which dealt with an attorney in Miami.
We acknowledge conflict with Edwards.
AFFIRMED.
ERVIN and WIGGINTON, JJ., concur.
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State v. Ginebra, 511 So. 2d 960 (Fla. 1987)…EHRLICH, Justice. We have for our review Ginebra v. State, 498 So. 2d 467 (Fla. 3d DCA 1986), which conflicts with Villavende v. State, 504 So. 2d 455 (Fla. 2d DCA 1987), and Hahn v. State, 421 So. 2d 710 (Fla. 1st DCA 1982). We have jurisdiction, article V, section 3(b)(3), Florida Constitution, and quash the decision of the district court below. The issue presented is whether an alien defendant may collaterally attack his guilty plea on the basis…
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State v. Sallato, 519 So. 2d 605 (Fla. 1988)…anting a motion to vacate Sallato’s guilty plea, relying, inter alia, on its decisions in Ginebra v. State, 498 So. 2d 467 (Fla.3d DCA 1986), and Edwards v. State, 393 [*606] So. 2d 597 (Fla.3d DCA 1981), and acknowledging conflict in Hahn v. State, 421 So. 2d 710 (Fla. 1st DCA 1982). We have jurisdiction. Art. V, § 3(b)(3), Fla.Const. We recently quashed Ginebra, and disapproved Edwards, in State v. Ginebra, 511 So. 2d 960 (Fla.1987), holding that defense counsel is not ineffective for failing to advise hi…
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Martinez v. State, 475 So. 2d 1292 (Fla. 3d DCA 1985)…SCHWARTZ, Chief Judge (specially concurring). Although I disagree with Edwards, see, contra, e.g., Government of Virgin Islands v. Pamphile, 604 F.Supp. 753, 756-59 (D.V.I.1985); Hahn v. State, 421 So. 2d 710 (Fla. 1st DCA 1982), I concur because of its binding authority.…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Knight v. State, 394 So. 2d 997 (Fla. 1981)
- Clement Lemmon Edwards v. State, 393 So. 2d 597 (Fla. 3d DCA 1981)