Castano v. State

ON REMAND

JACOBUS, J.

We reconsider this matter on remand from the Florida Supreme Court following its decision in Castano v. State, — So.3d - (Fla.2012), which quashed our decision in Castano v. State, 65 So.3d 546 (Fla. 5th DCA 2011). The Florida Supreme Court has now confirmed that Padilla v. Kentucky, 559 U.S. 356, -, 130 S.Ct. 1473, 1483, 176 L.Ed.2d 284 (2010), is not retroactive, but has nonetheless held that this is a case to which Padilla applies.

The offense committed by Castaño is an offense which clearly subjects her to deportation. See 8 U.S.C. § 1227(a)(2)(E)® (“Any alien who at…