THE STATE OF FLORIDA, APPELLANT,
v.
LEONARDO GONZALEZ, APPELLEE
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Florida appealed the trial court's decision to set aside Leonardo Gonzalez's guilty plea based on the trial court's failure to specifically advise him of deportation consequences. The appellate court reversed, holding that while the trial court violated procedural rules requiring such a warning, the defendant suffered no prejudice because the plea agreement itself contained the warning and the defendant acknowledged reading and discussing it with counsel.
The trial court's failure to specifically warn the defendant of deportation consequences did not render the plea void because the defendant was not prejudiced: the plea agreement itself provided the warning, the defendant acknowledged reading and discussing the agreement with his attorney, and the trial court established the defendant understood the agreement and entered it voluntarily.
[1] A trial court's failure to specifically advise a defendant of the potential deportation consequences of a plea does not render the plea void if the defendant was not prej…
[2] A defendant is not prejudiced by the trial court's failure to advise of deportation consequences when the written plea agreement clearly states this information and the d…
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Join FLexlaw to unlock all legal intelligence“Pursuant to Rule 3.172(c)(8), Florida Rules of Criminal Procedure, the trial court is required to warn defendants who plead guilty or nolo contendere that the plea may subject him to deportation if he is not a citizen of the United States.”
Establishes the procedural requirement at issue
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Join FLexlaw to unlock all legal intelligenceLeonardo Gonzalez signed a plea agreement that included written notice that his plea could subject him to deportation if he was not a U.S. citizen. Th…
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PER CURIAM.
The defendant, Leonardo Gonzalez, signed a plea agreement advising him that his plea could subject him to deportation if he was not a citizen of the United States. The plea agreement also indicated that the defendant had read the agreement and that he had discussed the agreement with his attorney. During the sentencing hearing, the trial court asked the defendant questions that fully established that the defendant understood the written plea agreement and that he was freely and voluntarily entering into the plea agreement. ' The trial court, however, did not specifically inform the defendant that his plea could subject him to deportation if he was not a citizen of the United States.
The defendant filed a timely motion for post-conviction relief pursuant to rule 3.850, Florida Rules of Criminal Procedure, alleging that, because the trial court had failed to specifically advise him of the deportation consequences of his plea, he was entitled to have his plea and judgment set aside. The trial court granted the defendant’s motion.' The State’s appeal follows.
Pursuant to Rule 3.172(c)(8), Florida Rules of Criminal Procedure, the trial court is required to warn defendants who plead guilty or nolo contendere that the plea may subject him to deportation if he is not a citizen of the United States. However, Rule 3.172(i), Florida Rules of Criminal Procedure, provides: “Failure to follow any of the procedures in this rule shall not render a plea void absent a showing of prejudice.”
In the instant case, the defendant was not prejudiced by the trial court’s failure to specifically inform him that his plea may subject him to deportation because the plea agreement form provided this information and also indicated that the defendant had read the agreement and that the defendant had discussed the agreement with his attorney. Further, during the plea colloquy the trial court established that the defendant had entered into the plea freely and voluntarily and that the defendant had understood the written plea agreement. Hinds v. State, 726 So. 2d 812 (Fla. 5th DCA 1999); see also, Joseph v. State, 782 So. 2d 895 (Fla. 2d DCA 2001). The order granting the defendant’s 3.850 motion is, therefore,
Reversed.
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Mongal v. State, 803 So. 2d 781 (Fla. 5th DCA 2001)…PER CURIAM. AFFIRMED. See State v. Luders, 768 So. 2d 440 (Fla.2000); State v. Gonzalez, 787 So. 2d 917 (Fla. 3d DCA 2001); Hinds [*782] v. State, 726 So. 2d 812 (Fla. 5th DCA 1999). GRIFFIN, PLEUS and PALMER, JJ., concur.…
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Osric Jones v. State, 804 So. 2d 445 (Fla. 1st DCA 2001)…hearing, the trial court was entitled to find that the failure to recite in open court that Mr. Jones’s pleas might subject him to deportation did not affect Mr. Jones’s decision to enter the pleas or otherwise prejudice him. See State v. Gonzalez, 787 So. 2d 917, 918 (Fla. 3d DCA 2001) (reversing grant of Rule 3.850 motion because “the plea agreement form provided this information” and “the defendant had read the agreement and ... discussed the agreement with his attorney.”). In the plea colloquy, Mr. Jones…
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Gomez v. State, 28 So. 3d 114 (Fla. 3d DCA 2010)…was contained in the written plea agreement that [the defendant] testified he had read and understood”). We also conclude that the trial court erred in not attaching any supporting documents to its decision on Gomez’s motion. In State v. Gonzalez, 787 So. 2d 917, 918 (Fla. 3d DCA 2001), we held that “the defendant was not prejudiced by the trial court’s failure to specifically inform him that his plea may subject him to deportation because the plea agreement form provided this information and also indicated…
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
- Hinds v. State, 726 So. 2d 812 (Fla. 5th DCA 1999)
- Roody Joseph v. State, 782 So. 2d 895 (Fla. 2d DCA 2001)