Legal Opinion

Jose Adrano a/k/a Jose Adriano

District Court of Appeal of Florida

Decided July 23, 2014No. 4D14-1492Published

1Per curiam

We affirm the trial court’s summary denial of appellant’s untimely motion for post-conviction relief, as Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), does not apply retroactively to this September 2001 plea. Chaidez v. United States, — U.S. -, 133 S.Ct. 1103, 185 L.Ed.2d 149 (2013); Hernandez v. State, 124 So.3d 757 (Fla.2012). In addition, appellant was not subject to removal strictly based on his plea in this case, a prerequisite to post-conviction re lief based on Padilla, since at the time of removal proceedings he was an illegal alien who overstayed his…

2Cases cited6 opinions

  1. Padilla v. KentuckySupreme Court of the United States · 2010
  2. Chaidez v. United StatesSupreme Court of the United States · 2013
  3. Hernandez v. StateSupreme Court of Florida · 2012
  4. Hine v. Anchor Lake Property Owners Ass'n, Inc.Court of Appeals of Mississippi · 2005
  5. Ioselli v. StateDistrict Court of Appeal of Florida · 2013

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