Weekes v. State
Weekes v. State
Opinion of the Court
Carl Collin Weekes appeals an order denying postconviction relief. We affirm.
Defendant filed a petition for writ of audita querela seeking relief from his plea. The trial court properly treated this as a motion for postconviction relief under Florida Rule of Criminal Procedure 8.850. See Peart v. State, 756 So.2d 42, 45 (Fla. 2000).
A review of the plea colloquy discloses no statement by the prosecutor indicating that the defendant would not be deported as a result of his plea. Indeed, the plea colloquy indicates the opposite:
THE COURT: Do you understand, Mr. Weekes, if you’re not a United States citizen, this plea could result in your being deported to the country of your birth?
THE DEFENDANT: Yes.
Since the defendant was advised of the possible deportation consequences of the plea, the trial court properly denied defendant’s motion.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.