Diez v. State

ON MOTION FOR CERTIFICATION AND MOTION FOR REHEARING EN BANC

We deny Appellant’s Motion for Certification and Motion for Rehearing En Banc but withdraw our previous per curiam af-firmance and substitute the following opinion in its place.

In June 1980, appellant entered a plea to possession of methaqualone and received a term of probation. In March 2011, more than thirty years later, appellant filed a Rule 3.850 motion for postcon-viction relief claiming that he was entitled to withdraw his plea because his attorney did not advise him that the plea carried a risk of deportation. Appellant…