WILBERT PIERRE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed dismissal of post-conviction petition alleging involuntary plea due to lack of deportation warning, finding the petition adequately stated a claim for relief.
A post-conviction petition alleging an involuntary plea based on lack of deportation advisement states a claim for relief when it alleges imminent deportation, lack of colloquy warning, and timely filing.
[1] A post-conviction petition alleging involuntary plea based on lack of deportation advisement states a claim for relief when it alleges imminent deportation, absence of co…
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Join FLexlaw to unlock all legal intelligencePierre entered a guilty plea without being advised that it might subject him to deportation. He later filed a post-conviction petition in the Florida …
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Pierre appeals the trial court’s dismissal of his post-conviction motion entitled “Emergency Writ of Mandamus/Habeas Corpus/error/AU Writs,” in which he alleged that his plea was involuntary because he was not advised that the entry of the plea might subject him to deportation. Pierre initially filed this petition in the Florida Supreme Court. By order dated May 21, 2008, the Supreme Court transferred the case to the circuit court and directed that it “treat the petition as if it had been originally filed there on the date it was filed in this Court.” The trial court summarily dismissed the petition, finding that Pierre had failed to state a claim for relief. We reverse and remand for an evidentiary hearing.
Although not a model of clarity, Pierre’s petition does allege that he is facing “imminent” deportation and that he was not advised during his plea colloquy that the entry of a plea would subject him to deportation. in an exhibit attached to his petition, Pierre alleges that he would not have entered the plea if he had been aware of the possible consequences. A transcript of Pierre’s plea colloquy is attached to his petition and supports his claim. Finally, Pierre’s petition was filed with the Florida Supreme Court within two years of the date on which his judgment and sentence became final. The petition adequately stated a claim for relief. State v. Green, 944 So.2d 208 (Fla.2006).
REVERSED and REMANDED for An Evidentiary Hearing.
TORPY, EVANDER and COHEN, JJ., concur.