GANDY

v.

STATE

Citator

Cited By (53 total)

• Marcelo A. Gamarra v. State, 93 So. 3d 1194 (Fla. 3d DCA 2012)
  …of counsel to determine the sufficiency of defense counsel’s immigration deportation advice in light of Padilla v. Kentucky, — U.S. —, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), and Hernandez v. State, 61 So. 3d 1144 (Fla. 3d DCA 2011), review granted, 81 So. 3d 414 (Fla.2012). At the hearing, the defendant shall present evidence for the record of any relevant facts regarding his knowledge and understanding of his immigration status and the consequences of his plea which may affect the prejudice prong of Padill…
• Barreneche v. State, 80 So. 3d 455 (Fla. 1st DCA 2012)
  …PER CURIAM. AFFIRMED. See Hernandez v. State, 61 So. 3d 1144 (Fla. 3d DCA 2011), rev. granted 81 So. 3d 414, 2012 WL 285811 (Fla.2012); Barrios-Cruz v. State, 63 [*456] So. 3d 868 (Fla. 2d DCA 2011); State v. Shaikh, 65 So. 3d 539 (Fla. 5th DCA 2011). DAVIS, THOMAS, and RAY, JJ., concur.…
• Kieran F. O'Neill v. State, 107 So. 3d 1133 (Fla. 2d DCA 2012)
  …vise him accordingly. Therefore, a general warning that his plea might subject him to deportation does not cure the prejudice resulting from counsel’s incorrect advice. See Hernandez v. State, 61 So. 3d 1144, 1151 (Fla. 3d DCA 2011), review granted, 81 So. 3d 414 (Fla.2012). Padilla was decided before O’Neill entered his pleas; there is no issue about retroactivity here. However, the postcon-viction court pointed to the Fourth District’s reasoning in Flores v. State, noting that “[cjritically, Padilla was n…