State v. David

CANADY, Judge.

The State appeals the trial court’s order granting Emmanuel David’s Florida Rule of Criminal Procedure 3.850 motion. David, a foreign national, sought relief pursuant to rule 3.850(a)(5) on the ground that the guilty plea on which his judgment and sentence were based was involuntary because he was not advised — as required by rule 3.172(c)(8) — of the potential deportation consequences of the plea. Because David failed to meet his burden of proving his entitlement to relief, we reverse.

On April 25, 2001, David executed a written plea agreement form in which he agreed to plead…