JOSEPH CASSEUS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Casseus appeals from the summary denial of his Florida Rule of Criminal Procedure 3.850 motion. We find that 1) appellant’s contentions, that his counsel was ineffective in failing to inform Casseus of the possibility of deportation as a result of his guilty pleas and that his pleas were made involuntary as a result of this lack of information, are valid grounds for collateral relief from his guilty pleas, see Ginebra v. State, 498 So. 2d 467 (Fla. 3d DCA 1986); Edwards v. State, 393 So. 2d 597 (Fla. 3d DCA 1981), and 2) appellant sufficiently alleges facts which, if proven, would support his prayer for relief. Since the trial court failed to attach those portions of the record which would demonstrate that Cas-seus is not entitled to relief, we
Reverse and remand for further proceedings in accordance with Ginebra, Edwards, and Rule 3.850.
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State v. Casseus, 513 So. 2d 1045 (Fla. 1987)…EHRLICH, Justice. We have for review Casseus v. State, 508 So. 2d 1251 (Fla. 3d DCA 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 decision in Ginebr…
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Casseus v. State, 509 So. 2d 965 (Fla. 3d DCA 1987)…acate the trial court’s second order denying Cas-seus’s motion to vacate his conviction and sentence pursuant to Florida Rule of Criminal Procedure 3.850. First, because the state had appealed the decision of this court reported as Casseus v. State, 508 So. 2d 1251 (Fla. 3d DCA 1987), to the supreme court, the trial court was without jurisdiction to enter a second order denying the relief sought. See Bedami v. State, 115 So. 2d 412 (Fla.1959); Lee v. State, 392 So. 2d 913 (Fla. 1st DCA 1980); Wells v. State, 3…
Authorities Cited
- Clement Lemmon Edwards v. State, 393 So. 2d 597 (Fla. 3d DCA 1981)
- Ginebra v. State, 498 So. 2d 467 (Fla. 3d DCA 1986)