Legal Opinion

Charles v. State

District Court of Appeal of Florida

Decided August 29, 2012No. 4D11-2039PublishedCited by 1 opinion

1Per curiam

Affirmed. The postconviction motion was untimely. Padilla v. Kentucky, — U.S.-, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), is not retroactive. Hernandez v. State, 61 So.3d 1144 (Fla. 3d DCA 2011), rev. granted, 81 So.3d 414 (Fla.2012); Davis v. State, 69 So.3d 315 (Fla. 4th DCA 2011). Further, appellant admits that he has other convictions which have been used to initiate deportation proceedings against him. He has not shown that he is removable based solely on the plea in this case. See Forrest v. State, 988 So.2d 38, 40 (Fla. 4th DCA 2008); Buton v. State, 995 So.2d 1130, 1132 (Fla. 4th DCA…

2Cases cited6 opinions

  1. Padilla v. KentuckySupreme Court of the United States · 2010
  2. Hernandez v. StateDistrict Court of Appeal of Florida · 2011
  3. Flores v. StateDistrict Court of Appeal of Florida · 2010
  4. Davis v. StateDistrict Court of Appeal of Florida · 2011
  5. Forrest v. StateDistrict Court of Appeal of Florida · 2008

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3Cited by1 opinion

  1. Jackson v. StateDistrict Court of Appeal of Florida · 2013

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