ANTONIO ARELLANO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2012-06-20
No. 4D11-1452
WARNER, POLEN and GROSS, JJ., concur.
90 So. 3d 923 Florida District Court of Appeal, Fourth District (2012) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Hernandez v. State, 61 So.3d 1144 (Fla. 3d DCA 2011) (Padilla v. Ky., — U.S. -, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), is not retroactive); *924 Flores v. State, 57 So.3d 218 (Fla. 4th DCA 2010) (immigration warning in Florida Rule of Criminal Procedure 3.172(c)(8) overcomes Padilla-based ineffective assistance of counsel claims).

WARNER, POLEN and GROSS, JJ., concur.


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  • Deonarinesingh v. State, 98 So. 3d 665 (Fla. 4th DCA 2012)
    …deportation. Fla. R.Crim. P. 3.172(c)(8). Padilla v. Kentucky, — U.S.-, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), is not retroactive. Hernandez v. State, 61 So. 3d 1144 (Fla. 3d DCA 2011), rev. granted, 81 So. 3d 414 (Fla.2012); Arellano v. State, 90 So. 3d 923, 923-24 (Fla. 4th DCA 2012). Further, appellant concedes that he has two federal convictions which may subject him to deportation. Thus, he has not shown that the plea in this case was the sole basis for his deportation. Buton v. State, 995 So. 2d 1…

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