Legal Opinion

Angela Rosario v. State

District Court of Appeal of Florida

Decided January 7, 2015No. 4D13-4329PublishedCited by 11 opinions

1Per curiam

We affirm the trial court’s order dismissing appellant’s second amended motion for postconviction relief in which she claimed that she was entitled to withdraw her plea to criminal charges because her counsel was ineffective or violated a Sixth Amendment duty under Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010). Padilla held “that counsel must inform [the] client whether [a] plea carries a risk of deportation.” Id. at 374, 130 S.Ct. 1473. Counsel did not violate this duty.

This court and others have held that, in a situation where a defendant seeks to withdraw a plea…

2Cases cited10 opinions

  1. Padilla v. KentuckySupreme Court of the United States · 2010
  2. Hernandez v. StateSupreme Court of Florida · 2012
  3. Juan Alberto Blanco Garcia v. State of TennesseeTennessee Supreme Court · 2013
  4. Ey v. StateSupreme Court of Florida · 2008
  5. Ghanavati v. StateDistrict Court of Appeal of Florida · 2002

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3Cited by11 opinions

  1. Roberto Morales Diaz v. State of IowaSupreme Court of Iowa · 2017
  2. Yanez v. StateDistrict Court of Appeal of Florida · 2015
  3. Daramola v. StateCourt of Appeals of Oregon · 2018
  4. State of Arizona v. Nunez-DiazArizona Supreme Court · 2019
  5. Amended August 11, 2017 Roberto Morales Diaz v. State of IowaSupreme Court of Iowa · 2017

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