Jose Adrano a/k/a Jose Adriano
District Court of Appeal of Florida
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
- Padilla v. KentuckySupreme Court of the United States · 2010
- Chaidez v. United StatesSupreme Court of the United States · 2013
- Hernandez v. StateSupreme Court of Florida · 2012
- Hine v. Anchor Lake Property Owners Ass'n, Inc.Court of Appeals of Mississippi · 2005
- Ioselli v. StateDistrict Court of Appeal of Florida · 2013
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