Legal Opinion

Hyde v. State

District Court of Appeal of Florida

Decided September 12, 2012No. 4D11-3918Published

1Per curiam

We affirm the summary denial of appellant’s untimely and successive postconviction motion which attempted to challenge his 1996 plea. 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). Appellant, a habitual felony offender, has other convictions subjecting him to deportation, and he has not shown that the plea in this case alone subjects him to deportation. See Forrest v. State, 988 So.2d 38, 40 (Fla. 4th DCA…

2Cases cited9 opinions

  1. Padilla v. KentuckySupreme Court of the United States · 2010
  2. State v. SpencerSupreme Court of Florida · 1999
  3. Hernandez v. StateDistrict Court of Appeal of Florida · 2011
  4. Flores v. StateDistrict Court of Appeal of Florida · 2010
  5. Davis v. StateDistrict Court of Appeal of Florida · 2011

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