State v. Gutierrez

This is an appeal by the State of orders vacating two pleas entered by Carlos Gutierrez because the trial court did not advise the defendant of the possibility of deportation. We affirm.

Defendant-appellee Gutierrez entered a guilty plea in 1990 on Miami-Dade County Circuit Court case number 90-1287C. In 1993, he entered a guilty plea in Miami-Dade County Circuit Court case number 93-3137. At the time of both pleas, Florida Rule of Criminal Procedure 3.172(c)(8) required a deportation warning.

The defendant’s postconviction motions maintained that he was not given the required warning in either…