RODNEZ
v.
STATE
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Padilla v. Kentucky does not apply retroactively to convictions that became final before the Padilla decision.
[1] The two-year limitations period for filing a motion to withdraw a plea for failure of the trial court to advise a defendant of deportation consequences commences when the…
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Join FLexlaw to unlock all legal intelligenceThe defendant sought to withdraw a plea based on the trial court's failure to advise that the plea could result in deportation. The case involved appl…
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PER CURIAM.
Affirmed. See Hernandez v. State, 124 So. 3d 757 (Fla. 2012) (holding that Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), does not apply retroactively). See also State v. Green, 944 So. 2d 208, 210 (Fla. 2006) (holding that the two-year limitations period for filing a motion to withdraw plea for failure of the trial court to advise a defendant that the plea could result in deportation "commences when the judgment and sentence become final unless the defendant could not, with the exercise of due diligence, have ascertained within the two-year period that he or she was subject to deportation"); Jules v. State, 233 So. 3d 1196 (Fla. 3d DCA 2017).
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Citator
Cited By
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Shands v. City of Marathon (Fla. 3d DCA 2025)
Authorities Cited
- Padilla v. Kentucky, 559 U.S. 356 (U.S. 2010)
- State v. Owran Green, 944 So. 2d 208 (Fla. 2006)
- Hernandez v. State, 124 So. 3d 757 (Fla. 2012)
- Jules v. State, 233 So. 3d 1196 (Fla. 3d DCA 2017)