GWENCH L. SANDERS A/K/A GWENCH L. STEVENS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Gwench Sanders appeals the denial of his rule 3.850 motion, alleging error in the trial court’s failure to abide by Florida Rule of Criminal Procedure 3.172(c)(8), which requires a trial court accepting a plea of guilty or nolo contendere to inform the defendant that if he or she is not a United States citizen, the plea may subject him or her to deportation. We reverse and remand with directions to allow Sanders to withdraw his March 1993 plea of nolo contendere to the violation of community control charge and the new 1992 charges. Perriello v. State, 684 So. 2d 258 (Fla. 4th DCA 1996); Marriott v. State, 605 So. 2d 985(Fla. 4th DCA 1992).
We reject the state’s argument Sanders is precluded from alleging error because he responded falsely to the court’s limited inquiry regarding his citizenship. Compliance with rule 3.172(c)(8) is mandatory, thus the rule contemplates a trial court will not inquire regarding citizenship. See Marriott, 605 So .2d at 987.
REVERSED and REMANDED.
POLEN, FARMER and PARIENTE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Seraphin, 818 So. 2d 485 (Fla. 2002)…ur sister courts, see State v. Rajaee, 745 So. 2d 469 (Fla. 5th DCA 1999), and Johnson v. State, 760 So. 2d 992 (Fla. 2d DCA 2000), we have consistently held that the trial court’s compliance with rule 3.172(c)(8) is mandatory. See Sanders v. State, 685 So. 2d 1385 (Fla. 4th DCA 1997) (rejecting state’s argument that defendant invited error by falsely stating he was United States citizen and reversing denial of motion for postconviction relief with directions to allow defendant to withdraw plea); see also Grif…
-
Khalid Elharda v. State, 775 So. 2d 321 (Fla. 3d DCA 2000)…e response, “the Court had every reason to rely upon the representation given under oath by [him].” We disagree with the trial court’s analysis under the circumstances of this case and adopt the rationale of the Fourth District in Sanders v. State, 685 So. 2d 1385 (Fla. 4th DCA 1997), in which a similar “invited error” argument based on a false response to a trial court’s “limited inquiry regarding [the defendant’s] citizenship” was rejected. The Sanders court stated, and we agree, “[compliance with rule 3.17…
-
Seraphin v. State, 785 So. 2d 608 (Fla. 4th DCA 2001)…er courts, see State v. Rajaee, 745 So. 2d 469 (Fla. 5th [*610] DCA 1999), and Johnson v. State, 760 So. 2d 992 (Fla. 2d DCA 2000), we have consistently held that the trial court’s compliance with rule 3.172(c)(8) is mandatory. See Sanders v. State, 685 So. 2d 1385 (Fla. 4th DCA 1997) (rejecting state’s argument that defendant invited error by falsely stating he was United States citizen and reversing denial of motion for postconviction relief with directions to allow defendant to withdraw plea); see also Grif…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Albino Perriello v. State, 684 So. 2d 258 (Fla. 4th DCA 1996)
- Marriott v. State, 605 So. 2d 985 (Fla. 4th DCA 1992)