Alfonso v. State

Ricardo Alfonso (“the defendant”) appeals the written denial of his Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief. We reverse.

The defendant moved for post-conviction relief based on the trial court’s failure to warn him of the deportation consequences of his plea. See Fla. R.Crim. P. 3.172(c)(8). The trial court denied the defendant’s motion without prejudice as legally insufficient, but stated that the defendant had the right to appeal the ruling within thirty days.

Because the defendant failed to allege that he was subject to deportation based only on the…