ANTWAIN MITCHELL, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• State v. Tarver Gardener, 898 So. 2d 1184 (Fla. 3d DCA 2005)
  …conviction. We reverse the order because the transcript of the plea colloquy in question demonstrates that the defendant was properly advised of the immigration consequences of his plea. See Peart v. State, 756 So. 2d 42 (Fla.2000); Labady v. State, 783 So. 2d 275 (Fla. 3d DCA 2001). There was no legal basis for granting defendant’s motion. Reversed and remanded.…
• Fajardo v. State, 193 So. 3d 1019 (Fla. 4th DCA 2016)
  …es.” Morrell v. State, 297 So. 2d 579, 580 (Fla. 1st DCA 1974). Although the above-cited cases concerned potential criminal sanctions, “deportation ... in many cases is a harsher punishment than any sentence [a person] may face — ” Labady v. State, 783 So. 2d 275, 277 (Fla. 3d DCA 2001). Furthermore, as discussed above, considerable latitude should be accorded a defendant in attempting to establish a witness’s bias. Here, defense counsel sought to elicit evidence that Garsia was being held in an immigration…
• Morales v. State, 988 So. 2d 705 (Fla. 3d DCA 2008)
  …immigration status?” The defendant answered “yes.” This court has previously held that a warning of “adverse consequences” does not sufficiently comply with the warning required by Florida Rule of Criminal Procedure 3.172(c)(8). See Labady v. State, 783 So. 2d 275, 277 (Fla. 3d DCA 2001). That is so because the rule requires a warning regarding possible deportation consequences and in this case, as in Labady, the word “deportation” was never mentioned. In the present case, the trial court concluded, and we ag…

Authorities Cited

• Blackiston v. State, 772 So. 2d 554 (Fla. 5th DCA 2000)