LAZARO DIAZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that a defendant is not entitled to state post-conviction relief for failure to advise of deportation consequences if such advice was not required at the time of the plea.
Lazaro Diaz appealed the denial of post-conviction relief, seeking to vacate convictions entered in 1980 and 1982. He argued he was not advised of pot…
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PER CURIAM.
Lazaro Diaz appeals an order denying post-conviction relief. We affirm.
Diaz filed a motion for post-conviction relief, seeking to set aside Florida convictions entered in 1980 and 1982 pursuant to plea agreements. Diaz has since served those sentences and is now in federal custody on a later federal conviction.
Diaz’ post-conviction motion contends that he is entitled to relief because at the time of his plea agreements in the early 1980s, he was not advised of possible deportation consequences. He contends that he is subject to being deported on account of the Florida prior convictions.1 Diaz’ motion is timely because it was filed within the window period created by Wood v. State, 750 So. 2d 592 (Fla.1999).
We affirm the denial of relief. At the time Diaz entered his pleas, there was no duty to advise a defendant of possible immigration consequences. State v. Ginebra, 511 So. 2d 960 (Fla.1987)2; State v. Pan-iagua, 789 So. 2d 1199 (Fla. 3d DCA 2001); State v. Richardson, 785 So. 2d 585 (Fla. 3d DCA 2001); Medina v. State, 711 So. 2d 256 (Fla. 3d DCA 1998).
While Diaz is not entitled to state court relief, he may be able to obtain relief through federal immigration procedures. See Immigration and Naturalization Serv. v. St. Cyr, — U.S.-, 121 S.Ct. 2271, 150 L.Ed.2d 347 (2001).
Affirmed.
. He states that he is presently appealing his federal conviction.
. With respect to the immigration consequences of a plea, Ginebra has been superseded by amendment to Florida Rule of Criminal Procedure 3.172 for sentences imposed after January 1, 1989.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).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Prieto v. State, 824 So. 2d 924 (Fla. 3d DCA 2002)…he failure to advise, as required by Peart. Finally, we note that under the instant circumstances, while the defendant is not entitled to state court relief, he may be able to obtain relief through federal immigration procedures. See Diaz v. State, 790 So. 2d 581 (Fla. 3d DCA 2001)(eiting to Immigration and Naturalization Serv. v. St. Cyr, 533 U.S. 289, 121 S.Ct. 2271, 150 L.Ed.2d 347 (2001)). Accordingly the order under review is affirmed.…
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Evelio Rodriguez-Grave v. State, 847 So. 2d 564 (Fla. 3d DCA 2003)…dvise [prior to January 1, 1989]), still controls with respect to pleas entered prior to the change in rule 3.172”); see also Perdomo v. State, 837 So. 2d 1089 (Fla. 3d DCA 2003); Orellanes v. State, 790 So. 2d 613 (Fla. 3d DCA 2001); Diaz v. State, 790 So. 2d 581 (Fla. 3d DCA 2001); Contino v. State, 790 So. 2d 576 (Fla. 3d DCA 2001); State v. Paniagua, 789 So. 2d 1199 (Fla. 3d DCA 2001); Del Pino v. State, 785 So. 2d 1263 (Fla. 3d DCA 2001). Affirmed.…
Authorities Cited
- Wood v. State, 750 So. 2d 592 (Fla. 1999)
- Immigr. & Naturalization Serv. v. ST. Cyr, 533 U.S. 289 (U.S. 2001)
- Roan Peart v. State, 756 So. 2d 42 (Fla. 2000)
- State v. Ginebra, 511 So. 2d 960 (Fla. 1987)
- State v. de Abreu, 613 So. 2d 453 (Fla. 1993)
- State v. Richardson, 785 So. 2d 585 (Fla. 3d DCA 2001)
- State v. Paniagua, 789 So. 2d 1199 (Fla. 3d DCA 2001)
- Mattier v. State, 711 So. 2d 256 (Fla. 4th DCA 1998)