Legal Opinion

Rila v. State

District Court of Appeal of Florida

Decided April 26, 2017No. 4D16-3917Published

1Per curiam

Anne Marie Rila appeals the summary denial of a rule 3.850 motion that alleged her plea was involuntary based upon mis-advice from a person posing as an immigration attorney. Because her motion states a facially sufficient claim that is not refuted by the record, we reverse and remand for further proceedings.

According to her rule 3.850 motion, Rila, a Romanian citizen, was a lawful permanent resident of the United States when she was charged with committing criminal offenses. In 2013, she entered a negotiated plea to two counts of third degree grand theft and one count of uttering a forged…

2Cases cited2 opinions

  1. Ghanavati v. StateDistrict Court of Appeal of Florida · 2002
  2. O'Neill v. StateDistrict Court of Appeal of Florida · 2012

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