GERARDO MARTINEZ-SEGURA
v.
STATE OF FLORIDA
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A trial court errs in summarily denying an ineffective assistance of counsel claim based on failure to advise about deportation consequences without either attaching records conclusively refuting the allegations or holding an evidentiary hearing.
[1] A trial court may not summarily deny an ineffective assistance of counsel claim based on inadequate advice regarding deportation consequences of a plea without either att…
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Join FLexlaw to unlock all legal intelligenceMartinez-Segura filed a rule 3.850 motion challenging his conviction on multiple grounds, including grounds four and five alleging ineffective assista…
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Gerardo Martinez-Segura appeals an order summarily denying his rule 3.850 motion. Consistent with the State’s concession, we reverse in part. The trial court erred in summarily denying as to grounds four and five, which alleged ineffective assistance of counsel based on counsel’s advice (or lack of advice) regarding the deportation consequences of Martinez-Segura’s plea. On remand, the trial court must either attach records conclusively refuting these allegations or hold an evidentiary hearing. As to the remaining grounds, we affirm.
AFFIRMED in part and REVERSED in part.
ROWE, BILBREY, and WINSOR, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Gerardo Martinez-Segura, pro se, Appellant. Ashley Moody, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee.
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