CHRISTOPHER MCCALLA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2012-01-11
No. 4D10-4096
GROSS, TAYLOR and HAZOURI, JJ., concur.
77 So. 3d 845 Florida District Court of Appeal, Fourth District (2012) Positive Treatment
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See State v. Green, 944 So.2d 208 (Fla.2006); Barrios-Cruz v. State, 63 So.3d 868 (Fla. 2d DCA 2011).

GROSS, TAYLOR and HAZOURI, JJ., concur.


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  • Smith v. State, 85 So. 3d 551 (Fla. 4th DCA 2012)
    …where a defendant is misadvised as to the deportation 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.,…
  • Cisneros v. State, 92 So. 3d 278 (Fla. 4th DCA 2012)
    …ssistance of trial counsel claims where a defendant is misadvised on deportation consequences of a plea, is misplaced because that decision does not apply retroactively. See Smith v. State, 85 So. 3d 551 (Fla. 4th DCA 2012) (citing McCalla v. State, 77 So. 3d 845 (Fla. 4th DCA 2012), and other authorities). Further, the record attachment to the State’s response filed in the trial court, which the trial court attached and incorporated as the basis for its summary denial of relief, demonstrated that the trial…
  • Vicama Beaubrun v. State, 88 So. 3d 359 (Fla. 4th DCA 2012)
    …PER CURIAM. Affirmed. See State v. Green, 944 So. 2d 208 (Fla.2006). See also Hernandez v. State, 61 So. 3d 1144, 1151 (Fla. 3d DCA 2011); McCalla v. State, 77 So. 3d 845 (Fla. 4th DCA 2012); Davis v. State, 69 So. 3d 315 (Fla. 4th DCA 2011). TAYLOR, CIKLIN and GERBER, JJ., concur.…

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