STATE OF FLORIDA, PETITIONER,
v.
GERARDO FUNDORA, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Counsel's failure to advise a client of the collateral consequence of deportation does not constitute ineffective assistance of counsel.
The district court reversed a trial court's denial of a motion for post-conviction relief, finding ineffective assistance of counsel for failing to in…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Collateral Consequences Of A Plea cases and more on FLexlaw
EHRLICH, Justice.
We have for review Fundora v. State, 508 So. 2d 1250 (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 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, that his counsel was ineffective in failing to inform Fundora of the possibility of deportation as a result of his guilty plea 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 ... and 2) appellant sufficiently alleges facts which, if proven, would support his prayer for relief.” 508 So. 2d at 1250 (citations omitted). In State v. Ginebra, we recently quashed the third district’s decision in that case and expressly disapproved its reasoning in Edwards, holding that “counsel’s failure to advise his client of the collateral consequence of deportation does not constitute ineffective assistance of counsel.” 511 So. 2d at 962.
The trial court’s summary denial of Fun-dora’s 3.850 motion was proper under our holding in Ginebra. Accordingly, we quash the decision below and remand for proceedings consistent with this opinion.
It is so ordered.
McDonald, C.J., and OVERTON, SHAW, BARKETT and GRIMES, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (146 total)
-
McLEAN v. State, 934 So. 2d 1248 (Fla. 2006)…on that Chambers’ testimony was admissible under section 90.404(2)(b), the trial court concluded that in enacting this new statute the Legislature was attempting to overrule or modify Saffor v. State, 660 So. 2d 668 (Fla.1995), and Heuring v. State, 513 So. 2d 122 (Fla.1987). The trial court also concluded that the Legislature intended section 90.403 to apply to evidence admissible under section 90.404(2)(b), requiring an evaluation of whether the probative value of the evidence outweighs its potential for un…
-
Robertson v. State, 829 So. 2d 901 (Fla. 2002)…is inherently prejudicial. Introduction of such evidence creates the risk that a conviction will be based on the defendant’s bad character or propensity to commit crimes, rather than on proof that he committed the charged offense. Heuring v. State, 513 So. 2d 122, 124 (Fla.1987). In affirming the trial court in this case, the Third District found the “evidence admissible as relevant under Section 90.404(2)(a), Florida Statutes (1997).” Robertson, 780 So. 2d at 110. Section 90.404(2)(a) is the codification o…1 / 2
-
Saffor v. State, 660 So. 2d 668 (Fla. 1995)…ot introduced as a “fingerprint” to identify a particular defendant, out of innumerable possible defendants, as the perpetrator. Had such been the case, the stringent “strikingly similar” standard would be the proper criterion. See Heuring v. State, 513 So. 2d 122 (Fla.1987). Rather, the evidence was introduced only to support Jason’s primary testimony. The logic is simple: If the collateral crime shared sufficient features with Jason’s independent account of the present crime, the jury could reasonably consi…1 / 4
Previewing 3 of 146 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Ginebra, 511 So. 2d 960 (Fla. 1987)
- Clement Lemmon Edwards v. State, 393 So. 2d 597 (Fla. 3d DCA 1981)
- Ginebra v. State, 498 So. 2d 467 (Fla. 3d DCA 1986)
- Fundora v. State, 508 So. 2d 1250 (Fla. 3d DCA 1987)