State v. Avila

The State of Florida appeals from the trial court’s order granting Maykel Avila’s Motion to Vacate Guilty Plea and Conviction claiming that the trial court did not advise him of the immigration consequences of his guilty plea. The trial court granted the motion, finding that the State did not carry its burden of proving that the plea colloquy did inform Avila of the consequences of a guilty plea. We reverse and remand as the burden of proof was on the defendant to prove that the colloquy did not inform him of the consequences of the plea, and the defendant has not met his burden.

In January…