Carter v. State

WELLS, Judge.

Ricardo Anthony Carter appeals from an order denying as untimely his Florida Rule of Criminal Procedure 3.850 motion to vacate his guilty plea. We affirm without prejudice for Carter to file a new postconviction motion to raise the claim he has attempted to argue for the first time here regarding his attorney’s failure to advise him of the deportation consequences of his plea.

In May 1997, Carter pled guilty to one count of possession of cocaine with intent to sell or deliver and one count of possession of marijuana. Twelve years later, in 2009, Carter consulted with an…