JEFFREY W. WEIR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the defendant's motion for post-conviction relief was legally sufficient, warranting an evidentiary hearing.
Jeffrey W. Weir appealed the summary denial of his motion for post-conviction relief, alleging his attorney misadvised him that a plea on an aggravate…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Deportation Consequences cases and more on FLexlaw
PER CURIAM.
Jeffrey W. Weir appeals the summary denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850.
In. his motion, Weir contended that his attorney was ineffective for affirmatively misadvising him that if he entered a plea on his aggravated battery charge, and his adjudication was withheld, he could not be deported.
Weir asserted that he had received a written notice of “removal proceedings” before the Immigration court. .Further, he stated “[A]s a result of the aforesaid plea, and pursuant to Federal Immigration Law, petitioner has been ordered deported by the United States government.” Finally, he maintained that, had he known about the possible consequences of entering the plea, he would not have entered it. Weir has alleged a legally sufficient claim. See Ghanavati v. State, 820 So. 2d 989 (Fla. 4th DCA 2002).
In its answer brief, the state concedes that if Weir’s claim is legally sufficient, then the cause should be remanded for an evidentiary hearing.1 We agree. Accordingly, we reverse the trial court’s order summarily denying his motion and remand for an evidentiary hearing thereon.
STONE, FARMER and SHAHOOD, JJ., concur. . Significantly, the state has not provided any documentation that this deportation is based upon a different conviction.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Alguno v. State, 892 So. 2d 1200 (Fla. 4th DCA 2005)…for post-conviction relief. See e.g. State v. Sallato, 519 So. 2d 605, 606 (Fla.1988) (attempt to become a citizen). See also Bates v. State, 887 So. 2d 1214 (Fla. 2004) (Pariente, C.J., concurring specially) (sentence enhancements); Weir v. State, 823 So. 2d 245 (Fla. 4th DCA 2002) (threat of deportation); Ghanavati v. State, 820 So. 2d 989 (Fla. 4th DCA 2002) (same); Joyner v. State, 795 So. 2d 267, 268 (Fla. 1st DCA 2001) (right to vote); Roberti v. State, 782 So. 2d 919, 920 (Fla. 2d DCA 2001) (involunta…
-
Kelly v. State, 833 So. 2d 256 (Fla. 4th DCA 2002)…en the plea was entered in reliance on affirmative misadvice and results in prejudice even if the misdadvice concerns collateral consequences. We can see no meaningful distinction between the facts of this case and Ghanavati. See also Weir v. State, 823 So. 2d 245 (Fla. 4th DCA 2002). We therefore reverse and remand the ease for an evidentiary hearing. STONE, WARNER and MAY, JJ„ concur.…
-
Edwardo Valle v. State, 855 So. 2d 661 (Fla. 4th DCA 2003)…summary denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. We reverse and remand for an evidentiary hearing. First, we find that appellant has alleged the requisite “threat of deportation.” See Weir v. State, 823 So. 2d 245 (Fla. 4th DCA 2002). Second, the record before this [*662] court does not refute appellant’s allegation that he was not advised of the potential deportation consequences of his plea to criminal charges in case no. 97-7630. Accordingly, we reverse th…
Authorities Cited
- Assadollah Ghanavati v. State, 820 So. 2d 989 (Fla. 4th DCA 2002)