Chagoya v. State

SILBERMAN, Judge.

Apolonio Chagoya appeals the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. In the motion, he sought to withdraw his 1993 no contest plea to a charge of dealing in stolen property and his 1994 admission to a violation of probation. The basis of his motion was that the trial court did not inform him of the possibility of deportation as required by Florida Rule of Criminal Procedure 3.172(c)(8). We reverse and conclude that Chagoya is entitled to withdraw his 1993 plea.

The transcript of the 1993 plea colloquy reflects…