STATE OF FLORIDA, PETITIONER,
v.
DOUGLAS DE ABREU, RESPONDENT
PER CURIAM.
We originally accepted jurisdiction of De Abreu v. State, 593 So. 2d 233 (Fla. 1st DCA1991), based on apparent conflict with State v. Ginebra, 511 So. 2d 960 (Fla.1987). On consideration of the record and briefs, we perceive that the opinion under review here is based upon the rules changes adopted by our decision In re Amendments to Florida Rules of Criminal Procedure, 536 So. 2d 992 (Fla.1988), which superseded Ginebra to the extent of any inconsistency. Accordingly, there is no conflict, and we conclude that jurisdiction was granted improvidently. This review is dismissed.
It is so ordered. BARKETT, C.J., and OVERTON, McDonald, shaw, grimes, kogan and HARDING, JJ., concur.
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Roan Peart v. State, 756 So. 2d 42 (Fla. 2000)…laim of ineffective assistance of counsel. State v. Ginebra, 511 So. 2d 960 (Fla.1987). One year later, however, we established rule 3.172(c)(8). We subsequently acknowledged that our old case law was superseded by the new rule in State v. De Abreu, 613 So. 2d 453 (1993)(“In re Amendments to Florida Rules of Criminal Procedure, 536 So. 2d 992 (Fla.1988), ... superseded Ginebra to the extent of any inconsistency. ”). . See Beckles, 679 So. 2d at 892 (holding that being taken into custody by immigration author…
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Fritz Major v. State, 790 So. 2d 550 (Fla. 3d DCA 2001)…* With respect to the immigration consequences of a plea, Ginebra has been superseded by amendment to Florida Rule of Criminal Procedure 3.172 for sentences imposed after January 1, 1989. Peart v. State, 756 So. 2d 42 (Fla.2000); State v. De Abreu, 613 So. 2d 453 (1993).…
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State v. Partlow, 840 So. 2d 1040 (Fla. 2003)…sibility of deportation was collateral, defense counsel was not ineffective for failing to advise his client about it. Id. at 961-62. Rule 3.172(c) was later amended to require that defendants be informed of such a consequence. See State v. DeAbreu, 613 So. 2d 453 (Fla.1993) (dismissing review and noting that rule change superseded Ginebra). This rule amendment, however, did not invalidate the reasoning in Ginebra. See Major, 814 So. 2d at 428 (noting amendment of rule 3.172(c), but expressly affirming that G…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Ginebra, 511 So. 2d 960 (Fla. 1987)
- In re Amendments to Florida Rules of Criminal Procedure, 536 So. 2d 992 (Fla. 1988)
- de Abreu v. State, 593 So. 2d 233 (Fla. 1st DCA 1991)