Charles v. State

Appellant challenges the order summarily denying his Florida Rule of Criminal Procedure 3.850 motion wherein he alleges that his plea of nolo contendere to two counts of lewd or lascivious battery was involuntary because he was not advised that he could be subject to deportation as a consequence of his plea. The trial court found that Appellant failed to show he was actually threatened with deportation and summarily denied the motion. We disagree.

Appellant is not a United States citizen. Florida Rule of Criminal Procedure 3.172(c)(8) requires a trial judge to inform a defendant that if he…