Johnny v. State

We affirm the trial court’s denial of appellant’s untimely and successive rule 3.850 motion for postconviction relief. Appellant has not shown that the court erred in denying his claim for relief under Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473,176 L.Ed.2d 284 (2010).

The trial court denied appellant’s prior motion because he signed and initialed a plea form that advised him unequivocally that his plea “will” result in his deportation. Appellant has no difficulty with the English language and averred during the plea colloquy that he had read and understood the information on the plea…