EMERSON DAVIS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (31 total)

• Smith v. State, 85 So. 3d 551 (Fla. 4th DCA 2012)
  …on consequences in pleading to a crime, Florida courts have held that Padilla cannot be applied retroactively. Hernandez v. State, 61 So. 3d 1144, 1151 (Fla. 3d DCA 2011). See also McCalla v. State, 77 So. 3d 845 (Fla. 4th DCA 2012); Davis v. State, 69 So. 3d 315 (Fla. 4th DCA 2011). Third, even without the drug conviction, appellant may still be deportable or unable to adjust his immigration status because of his conviction for a firearm offense. See, e.g., Nieto Hernandez v. Holder, 592 F. 3d 681, 686 (5th…
• Mortimer v. State, 96 So. 3d 1060 (Fla. 4th DCA 2012)
  …la v. Kentucky, — U.S.-, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), because counsel advised him after sentencing that he would not be deported. Padilla, however, is not retroactive. Hernandez v. State, 61 So. 3d 1144 (Fla. 3d DCA 2011); Davis v. State, 69 So. 3d 315 (Fla. 4th DCA 2011). Appellant was convicted after jury trial, and counsel quite effectively, and successfully, argued for a withhold of adjudication and probation. Appellant contends that he did not appeal or timely pursue postconviction remedies…
• Ferguson v. State, 88 So. 3d 421 (Fla. 4th DCA 2012)
  …PER CURIAM. Affirmed. Smith v. State, 85 So. 3d 551 (Fla. 4th DCA 2012); Davis v. State, 69 So. 3d 315 (Fla. 4th DCA 2011); Hernandez v. State, 61 So. 3d 1144 (Fla. 3d DCA 2011), rev. granted, 81 So. 3d 414 (Fla.2012); Barreneche v. State, 80 So. 3d 455 (Fla. 1st DCA 2012); Barrios-Cruz v. State, 63 So. 3d 868 (Fla. 2d DCA 2011); Castano v. State, 65…

Authorities Cited

• Hernandez v. State, 61 So. 3d 1144 (Fla. 3d DCA 2011)
• Edilberto Barrios-Cruz v. State, 63 So. 3d 868 (Fla. 2d DCA 2011)