Payne v. State

Appellant challenges the summary denial of his motion for post-conviction relief wherein he asserts that his plea was involuntary because he was not informed that deportation was a possible consequence of his plea. The trial court denied the motion without prejudice. We reverse and remand for an evidentiary hearing.

*285In Case No. 99-7826, Appellant pled nolo contendere to possession of counterfeit credit cards and scheme to defraud. He was adjudicated guilty and placed on consecutive five year terms of probation. Subsequently, Appellant was charged with a new offense in Case No. 01-6009. Based…