SAMUEL CHARLES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Affirmed. The postconviction motion was untimely. 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); Davis v. State, 69 So.3d 315 (Fla. 4th DCA 2011). Further, appellant admits that he has other convictions which have been used to initiate deportation proceedings against him. He has not shown that he is removable based solely on the plea in this case. See Forrest v. State, 988 So.2d 38, 40 (Fla. 4th DCA 2008); Buton v. State, 995 So.2d 1130, 1132 (Fla. 4th DCA 2008). Finally, appellant has not alleged that the court did not give the standard deportation warning provided for by Florida Rule of Criminal Procedure 3.172(e)(8) which would cure the potential prejudice. Flores v. State, 57 So.3d 218 (Fla. 4th DCA 2010).
MAY, C.J., DAMOORGIAN and LEVINE, JJ., concur.
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Jackson v. State, 112 So. 3d 591 (Fla. 4th DCA 2013)…by the record. Ioselli v. State, — So. 3d - (Fla. 4th DCA 2013) (citing Peart v. State, 754 So. 2d 723 (Fla. 4th DCA 1999)). Further, appellant fails to establish that his plea in this case is the sole basis for his deportation. Charles v. State, 96 So. 3d 1050, 1050 (Fla. 4th DCA 2012); Forrest v. State, 988 So. 2d 38, 40 (Fla. 4th DCA 2008); Buton v. State, 995 So. 2d 1130, 1132 (Fla. 4th DCA 2008). The notice to appear for removal lists various other unrelated offenses in separate cases as bases for app…
Authorities Cited
- Padilla v. Kentucky, 559 U.S. 356 (U.S. 2010)
- Hernandez v. State, 61 So. 3d 1144 (Fla. 3d DCA 2011)
- Gandy v. State, 81 So. 3d 414 (Fla. 2012)
- Flores v. State, 57 So. 3d 218 (Fla. 4th DCA 2010)
- Emerson Davis v. State, 69 So. 3d 315 (Fla. 4th DCA 2011)
- Forrest v. State, 988 So. 2d 38 (Fla. 4th DCA 2008)
- Bergeron v. State, 995 So. 2d 1130 (Fla. 4th DCA 2008)
- Ehoud Buton v. State, 995 So. 2d 1130 (Fla. 4th DCA 2008)