ROGER LOPEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROGER LOPEZ, APPELLANT,
STATE OF FLORIDA, APPELLEE
84 So. 3d 389
Florida District Court of Appeal, Fourth District (2012)
Positive Treatment
Cited by 2 cases
Topics
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Opinion of the Court
We affirm the summary denial of appellant’s motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850. See Flores v. State, 57 So.3d 218 (Fla. 4th DCA 2010). However, we note that this decision expressly and directly conflicts with Hernandez v. State, 61 So.3d 1144 (Fla. 3d DCA 2011). See Fla. R.App. P. 9.030(a)(2)(A)(iv). We certify conflict and certify a question of great public importance:
DOES THE IMMIGRATION WARNING IN FLORIDA RULE OF CRIMINAL PROCEDURE 3.172(c)(8) BAR IMMIGRATION-BASED INEFFECTIVE ASSISTANCE OF COUNSEL CLAIMS BASED ON THE UNITED STATES SUPREME COURT’S DECISION IN Padilla v. Kentucky, _ U.S. _, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010)?
See Fla. R.App. P. 9.030(a)(2)(A)(v).
Affirmed; Conflict and Question Certified.
TAYLOR, GERBER and LEVINE, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Ashton Cunningham v. State, 126 So. 3d 1094 (Fla. 4th DCA 2012)
-
Lopez v. State, 144 So. 3d 631 (Fla. 4th DCA 2014)
Authorities Cited
- Padilla v. Kentucky, 559 U.S. 356 (U.S. 2010)
- Hernandez v. State, 61 So. 3d 1144 (Fla. 3d DCA 2011)
- Flores v. State, 57 So. 3d 218 (Fla. 4th DCA 2010)