LAZARO GINEBRA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in summarily denying the defendant's motion for post-conviction relief without attaching portions of the record conclusively demonstrating the defendant is entitled to no relief.
The defendant pled guilty to several charges, allegedly at his attorney's urging. He claims his attorney failed to inform him that guilty pleas might …
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PER CURIAM.
The defendant, Lazaro Ginebra, appeals from the summary denial of his Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief. We reverse.
Ginebra pled guilty, allegedly at the urging of his counsel, in four different cases, to attempted second-degree murder, grand-theft, two counts of armed robbery, and three counts of possession of firearm. Ginebra, a Mariel refugee, claims that his attorney failed to inform him, prior to entering his pleas, that guilty pleas might result in deportation proceedings against him, and due to this ineffective assistance of counsel, his pleas were entered involuntarily. This court has previously held that these may be valid claims if, in fact, Gine-bra’s attorney did fail to so advise him and the conviction actually leads to deportation. Martinez v. State, 475 So. 2d 1292 (Fla. 3d DCA 1985); Edwards v. State, 393 So. 2d 597 (Fla. 3d DCA), review denied, 402 So. 2d 613 (Fla.1981).
The trial court summarily denied Gine-bra’s motion for legal insufficiency, without attaching those portions of the file or record which conclusively demonstrate that Ginebra is entitled to no relief. This was error. See Owens v. States, 463 So. 2d 408 (Fla. 3d DCA 1985). Accordingly, we
Reverse and remand for further proceedings in accordance with Edwards and Rule 3.850.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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State v. Fundora, 513 So. 2d 122 (Fla. 1987)…1987), because of conflict with our recent decision in State v. Ginebra, 511 So. 2d 960 (Fla.1987). We have jurisdiction, article V, section 3(b)(3), Florida Constitution, and quash the decision below. Relying on its decisions in Ginebra v. State, 498 So. 2d 467 (Fla. 3d DCA 1986), and Edwards v. State, 393 So. 2d 597 (Fla. 3d DCA 1981), the district court below reversed the trial court’s summary denial of Fundora’s Florida Rule of Criminal Procedure 3.850 motion, finding that “1) appellant’s contentions, t…
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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…
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State v. Sallato, 519 So. 2d 605 (Fla. 1988)…URIAM. We have for review State v. Sallato, 508 So. 2d 1256 (Fla.3d DCA 1987), in which the district court affirmed a trial court’s order granting 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…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Clement Lemmon Edwards v. State, 393 So. 2d 597 (Fla. 3d DCA 1981)
- Owens v. State, 463 So. 2d 408 (Fla. 3d DCA 1985)
- Martinez v. State, 475 So. 2d 1292 (Fla. 3d DCA 1985)