Vacarean v. State
District Court of Appeal of Florida
1Opinion of the CourtStone, J.
Vacarean appeals an order denying his motion for post-conviction relief on the ground that, when he entered his plea to a violation of probation, the trial court did not advise him that if he was not a citizen of the United States, he could be subject to deportation as a consequence of entering the plea.1 We affirm.
To obtain post-conviction relief based on a failure to advise the defendant of the possible immigration consequences of a guilty plea, the petitioner must demonstrate prejudice.
Here, Vacarean has produced no evidence that he faces deportation. Further, even if he did face…
2Cases cited6 opinions
- Kindelan v. StateDistrict Court of Appeal of Florida · 2001
- Saldana v. StateDistrict Court of Appeal of Florida · 2001
- Allen v. StateDistrict Court of Appeal of Florida · 1995
- Washington v. StateDistrict Court of Appeal of Florida · 1973
- Edwards v. StateDistrict Court of Appeal of Florida · 1998
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State v. CarmonaDistrict Court of Appeal of Florida · 2002