RICHARD L. DE PROSPERO, APPELLANT,

v.

IN RE GUARDIANSHIP OF W. ROBERT DE PROSPERO, APPELLEE

Citator

Cited By

• State v. Maykel Avila, 43 So. 3d 936 (Fla. 3d DCA 2010)
  …2008) (holding that the trial court has discretion to deny a motion to vacate based on lack of deportation warning where there is no conclusive evidence because the transcript is unavailable, and the notes have been destroyed). In State v. Sinclair, 995 So. 2d 621, 622 n. 2 (Fla. 3d DCA 2008), this Court stated that the trial court erred in summarily finding that the defendant was not given the immigration warning as there was no hearing transcript or other evidence to conclusively support the defendant’s con…
• State v. Gutierrez, 45 So. 3d 946 (Fla. 3d DCA 2010)
  …e to warn of deportation consequences if there has been a failure to warn in one case but not if there has been such a failure to warn in two cases. The State’s argument is incorrect. The State relies on this court’s decisions in State v. Sinclair, 995 So. 2d 621 (Fla. 3d DCA 2008); Dumenigo v. State, 988 So. 2d 1201 (Fla. 3d DCA 2008); and Prieto v. State, 824 So. 2d 924 (Fla. 3d DCA 2002). In each of those cases, the defendant had two prior convictions. The defendant was seeking to vacate one of the convic…
• Pexis MUÑOZ v. State, 2 So. 3d 1087 (Fla. 3d DCA 2009)
  …ause, based on that concession, the defendant was already subject to deportation and suffered no prejudice on account of an alleged lack of warning regarding the immigration consequences of the 1991 and 1992 state court pleas. See State v. Sinclair, 995 So. 2d 621, 623 (Fla. 3d DCA 2008). By motion for rehearing, the defendant made the contradictory claim that he is not subject to deportation based on his federal offenses. He claims that the trial court erred in denying the motion because of a lack of evide…

Authorities Cited

• Sunset Harbour Condo. Ass'n v. Robbins, 914 So. 2d 925 (Fla. 2005)