Legal Opinion

Smith v. State

District Court of Appeal of Florida

Decided April 11, 2012No. 4D10-2879PublishedCited by 9 opinions

1Opinion of the CourtWarner, J.

We affirm the trial court’s denial of appellant’s postconviction challenge to his 1986 conviction for possession of cannabis with intent to deliver. He claims that this conviction is causing deportation proceedings against him, which commenced in April 2010. He maintains that he was not advised by counsel or the court at the 1986 plea hearing, a transcript of which is now unavailable, that his plea may result in deportation, and that if he had been so advised he would not have pled to the crime. The trial court correctly denied the motion.

First, the motion was untimely, because it was outside…

2Cases cited7 opinions

  1. Padilla v. KentuckySupreme Court of the United States · 2010
  2. State v. GreenSupreme Court of Florida · 2006
  3. Hernandez v. StateDistrict Court of Appeal of Florida · 2011
  4. Davis v. StateDistrict Court of Appeal of Florida · 2011
  5. Forrest v. StateDistrict Court of Appeal of Florida · 2008

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Geter v. StateDistrict Court of Appeal of Florida · 2012
  2. Zamora v. StateDistrict Court of Appeal of Florida · 2012
  3. Cisneros v. StateDistrict Court of Appeal of Florida · 2012
  4. Alvarez v. StateDistrict Court of Appeal of Florida · 2012
  5. Alvarez v. StateDistrict Court of Appeal of Florida · 2012

4 more not listed; retrieve them via the Exa API.

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