Legal Opinion

Vacarean v. State

District Court of Appeal of Florida

Decided March 13, 2002No. 4D01-1948PublishedCited by 1 opinion

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

  1. Kindelan v. StateDistrict Court of Appeal of Florida · 2001
  2. Saldana v. StateDistrict Court of Appeal of Florida · 2001
  3. Allen v. StateDistrict Court of Appeal of Florida · 1995
  4. Washington v. StateDistrict Court of Appeal of Florida · 1973
  5. Edwards v. StateDistrict Court of Appeal of Florida · 1998

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3Cited by1 opinion

  1. State v. CarmonaDistrict Court of Appeal of Florida · 2002

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