Legal Opinion

Gomez v. State

District Court of Appeal of Florida

Decided November 13, 2013No. 4D13-1036PublishedCited by 3 opinions

1Per curiam

We affirm the denial of appellant’s untimely motion for postconviction relief. In it, appellant alleged that his attorney mi-sadvised him as to the consequences to his immigration status of his plea and sentence. He pled no contest to sale or delivery of controlled pills (MDMA, known as “ecstasy”) and received a withhold of adjudication with eighteen months of probation. When his green card, allowing him legal residency in this country, came up for renewal six years later, he discovered that, even though his attorney had advised him that a withhold of adjudication might prevent deportation,…

2Cases cited5 opinions

  1. State v. GreenSupreme Court of Florida · 2006
  2. Gusow v. StateDistrict Court of Appeal of Florida · 2009
  3. Marshall v. StateDistrict Court of Appeal of Florida · 2008
  4. State v. JohnsonDistrict Court of Appeal of Florida · 1993
  5. Rodriguez v. StateDistrict Court of Appeal of Florida · 2002

3Cited by3 opinions

  1. Goddard v. StateDistrict Court of Appeal of Florida · 2017
  2. Wallace v. StateDistrict Court of Appeal of Florida · 2019
  3. Wallace v. StateDistrict Court of Appeal of Florida · 2019

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