RICARDO ANTHONY CARTER, APPELLANT,
v.
THE 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.
Ricardo Anthony Carter appeals the denial of his Rule 3.850 motion to vacate his guilty plea for drug offenses based on the trial court's failure to inform him of deportation consequences. The appellate court affirmed the trial court's denial as untimely but allowed Carter to file a new motion raising an ineffective assistance of counsel claim under Padilla v. Kentucky, which was decided after the trial court's ruling.
The trial court's denial of Carter's motion as untimely was affirmed. However, the appellate court declined to address Carter's new ineffective assistance of counsel claim under Padilla v. Kentucky because it was not raised in the trial court, and affirmed without prejudice to allow Carter to file a new postconviction motion raising the Padilla claim.
[1] A claim of ineffective assistance of counsel based on counsel's failure to advise a defendant of deportation consequences of a guilty plea must first be raised in the tri…
[2] A postconviction motion alleging a trial court's failure to inform a defendant of deportation consequences under Rule 3.172(c)(8) is subject to timeliness requirements, i…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“It will not be enough to allege that the defendant learned of the possibility of deportation proceedings after the two-year limitations period has expired. The requirement of due diligence compels the defendant to allege and prove that affirmative steps were taken in an attempt to discover the effect of the plea on his or her residency status.”
Establishes the due diligence requirement for postconviction motions filed outside the two-year window under State v. Green
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceIn May 1997, Carter pleaded guilty to possession of cocaine with intent to sell and possession of marijuana. Twelve years later in 2009, after consult…
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 Padilla V. Kentucky cases and more on FLexlaw
Ricardo Anthony Carter appeals from an order denying as untimely his Florida Rule of Criminal Procedure 3.850 motion to vacate his guilty plea. We affirm without prejudice for Carter to file a new postconviction motion to raise the claim he has attempted to argue for the first time here regarding his attorney’s failure to advise him of the deportation consequences of his plea.
In May 1997, Carter pled guilty to one count of possession of cocaine with intent to sell or deliver and one count of possession of marijuana. Twelve years later, in 2009, Carter consulted with an immigration attorney who informed him that his plea could subject him to deportation.1
In November 2009, Carter filed the instant postconviction motion to vacate plea, arguing that the trial court had failed to inform him of the deportation consequences of his plea as required by Florida Rule of Criminal Procedure 3.172(c)(8). The trial court denied the motion as untimely because Carter failed to file it within the two year window period — from October 26, 2006 to October 26, 2008— provided in State v. Green, 944 So.2d 208 (Fla.2006), and because “the defendant has not met the threshold burden of showing what due diligence he undertook *908to ascertain the deportation consequences of his plea” after the window period expired. See id. at 218 (“It will not be enough to allege that the defendant learned of the possibility of deportation proceedings after the two-year limitations period has expired. The requirement of due diligence compels the defendant to allege and prove that affirmative steps were taken in an attempt to discover the effect of the plea on his or her residency status.”).
While Carter’s appeal in this matter was pending, the United States Supreme Court decided Padilla v. Kentucky, — U.S. —, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), addressing ineffective assistance of counsel claims based upon defense counsel’s failure to advise a defendant of the deportation consequences of a guilty plea. Rather than address the issue raised and adjudicated below, that is, the propriety of the lower court’s determination that Carter’s Rule 3.850 motion alleging the trial court’s failure to comply with Rule 3.172(c)(8) was untimely under Green, Carter now argues that he is entitled to relief because his counsel was ineffective for failure to advise him of the deportation consequences of his plea under Padilla.
We decline to address the ineffective assistance of counsel issue because it was not raised in the court below. See Campbell v. State, 884 So.2d 190 (Fla. 2d DCA 2004) (declining to address posteonviction issues that were not first presented to the trial court). We therefore affirm the order on review without prejudice for Carter to file a new postconviction motion2 in the lower court alleging his ineffective assistance of counsel claim.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Garcia v. State, 237 So. 3d 1080 (Fla. 3d DCA 2017)…"This confrontation issue was not raised at the trial level and was not raised in the 3.851 motion. Because the issue may not be heard for the first time on appeal of a postconviction motion, we deny relief on this issue."); [*1083] Carter v. State, 43 So. 3d 907, 908 (Fla. 3d DCA 2010) ("We decline to address the ineffective assistance of counsel issue because it was not raised in the court below."). But even if we did, we would reject Garcia's argument because the habitual violent felony offender statute t…
Authorities Cited
- Padilla v. Kentucky, 559 U.S. 356 (U.S. 2010)
- State v. Owran Green, 944 So. 2d 208 (Fla. 2006)
- Campbell v. State, 884 So. 2d 190 (Fla. 2d DCA 2004)