Cano v. State

We affirm without prejudice the trial court’s summary denial of appellant’s motion for postconviction relief.

In a timely postconviction motion, appellant sought to withdraw his June 18, 2010 negotiated plea to attempted robbery and assault on a person 65 years of age or older. Appellant claimed that, under Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), he was entitled to withdraw his plea because his attorney failed to advise him about potential immigration consequences. He alleged that he has a final order of deportation that is “based in large part on these…