BRIAN BOYD SPENCER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant Brian Spencer appeals the summary denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Appellant alleged five different grounds for relief in his motion, including a claim that the trial court failed to advise him of the immigration consequences of his guilty plea. On appeal he seeks relief on this claim based on an appellate immigration decision finding him deportable because of the convictions in this matter. We reverse and remand for an evidentiary hearing as to this claim based on this court’s recent holding in Marriott v. State, 605 So. 2d 985 (Fla. 4th DCA 1992), that Florida Rule of Criminal Procedure 3.172(c)(viii) renders it mandatory for the trial judge to instruct all defendants in all cases regarding possible immigration consequences. We affirm the trial court’s summary denial of the remaining grounds alleged in appellant’s motion.
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
ANSTEAD, POLEN and FARMER, JJ., concur.
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Roan Peart v. State, 756 So. 2d 42 (Fla. 2000)…eded Ginebra to the extent of any inconsistency. ”). . See Beckles, 679 So. 2d at 892 (holding that being taken into custody by immigration authorities because of the conviction based on the plea was sufficient to show prejudice); Spencer v. State, 608 So. 2d 551 (Fla. 4th DCA 1992)(holding that appellate immigration court decision that defendant was deportable was sufficient to show prejudice); see also State v. Oakley, 715 So. 2d 956, 957 (Fla. 4th DCA 1998)(holding that defendant failed to show prejudice,…
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State v. Seraphin, 818 So. 2d 485 (Fla. 2002)…inebra to the extent of any inconsistency.”). [Note 6] See Beckles, 679 So. 2d at 892 (holding that being taken into custody by immigration authorities because of the conviction based on the plea was sufficient to show prejudice); Spencer v. State, 608 So. 2d 551 (Fla. 4th DCA 1992) (holding that appellate immigration court decision that defendant was de-portable was sufficient to show prejudice); see also State v. Oakley, 715 So. 2d 956, 957 (Fla. 4th DCA 1998) (holding that defendant failed to show prejudi…
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Owran Green v. State, 895 So. 2d 441 (Fla. 4th DCA 2005)…of prejudice as required under Simmons v. State, 489 So. 2d 43 (Fla. 4th DCA 1986).” [e.s.] 605 So. 2d at 987. Indisputably the word possibility in the first sentence is a refer [*444] ent of threat in the second. Additionally, in Spencer v. State, 608 So. 2d 551 (Fla. 4th DCA 1992), our finding of a threat was based solely on an appellate immigration decision finding defendant deportable, the very circumstance that exists in this case. There was no suggestion that proceedings to deport him had actually been…
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- Marriott v. State, 605 So. 2d 985 (Fla. 4th DCA 1992)