ROBERTA RESTA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
During a plea colloquy, “it is incumbent upon the defendant to reveal any additional expectations he may have; generally, he will be estopped from later arguing a position contrary to statements made in open court or in writing.” Simmons v. State, 611 So. 2d 1250 (Fla. 2d DCA 1992). In the present case the record demonstrates that Resta specifically acknowledged that she could be subjected to deportation as a result of her no contest plea.1 Had Resta presumed otherwise, it was imperative that she not stand mute during the plea colloquy. Bermudez v. State, 603 So. 2d 657 (Fla. 3d DCA), rev. denied, 613 So. 2d 1 (Fla.1992); Ross v. State, 22 Fla. L. Weekly D1073, — So. 2d -, 1997 WL 209689 (Fla. 3d DCA Apr. 30, 1997); Simmons, 611 So. 2d at 1250; State v. Brick, 490 So. 2d 1330 (Fla. 3d DCA 1986).
Affirmed.
. THE COURT: And are you a citizen of the United States?
[RESTA]: No, I’m not.
THE COURT: I need to explain to you that you could be subjected to deportation by entering this plea; do you understand that?
[RESTA]: Yes, I do.
THE COURT: Do you still want to enter into this plea agreement?
[RESTA]: Yes, [I] do.
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Boyne v. State, 728 So. 2d 246 (Fla. 5th DCA 1998)…ppel in this situation. See State v. Leroux, 689 So. 2d 235, 238 (Fla.1996) (defendant who has initially acknowledged under oath that no such promises have been made will generally be estopped at a later time to claim otherwise), and Resta v. State, 698 So. 2d 378, 378 (Fla. 3d DCA 1997) (during plea colloquy, it is incumbent upon the defendant to reveal any additional expectations he may have because generally he will be estopped from later arguing a position contrary to statements made in open court or in w…
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Derick Hoskins v. State, 713 So. 2d 1127 (Fla. 3d DCA 1998)…is informed by the court during the plea colloquy that he may have to serve every day of a ten-year sentence could hardly reasonably rely on counsel's advice to the contrary.” State v. Leroux, 689 So. 2d 235, 238 (Fla.1996); see also Resta v. State, 698 So. 2d 378, 379 (Fla. 3d DCA), review denied, 703 So. 2d 477 (Fla.1997). Affirmed.…
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Bauder v. State, 802 So. 2d 452 (Fla. 3d DCA 2001)…[*453] PER CURIAM. Affirmed. See Resta v. State, 698 So. 2d 378 (Fla. 3d DCA), review denied, 703 So. 2d 477 (Fla.1997).…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Simmons v. State, 611 So. 2d 1250 (Fla. 2d DCA 1992)
- Bermudez v. State, 603 So. 2d 657 (Fla. 3d DCA 1992)
- State v. Brick, 490 So. 2d 1330 (Fla. 3d DCA 1986)