Florida District Courts of Appeal, 2012

Charles v. State

Charles v. State
Florida District Courts of Appeal · Decided August 29, 2012 · Damoorgian, Levine
96 So. 3d 1050; 2012 WL 3711466; 2012 Fla. App. LEXIS 14507 (Southern Reporter, Third Series)

Charles v. State

Opinion of the Court

PER CURIAM.

Affirmed. The postconviction motion was untimely. Padilla v. Kentucky, — U.S.-, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), is not retroactive. Hernandez v. State, 61 So.3d 1144 (Fla. 3d DCA 2011), rev. granted, 81 So.3d 414 (Fla. 2012); Davis v. State, 69 So.3d 315 (Fla. 4th DCA 2011). Further, appellant admits that he has other convictions which have been used to initiate deportation proceedings against him. He has not shown that he is removable based solely on the plea in this case. See Forrest v. State, 988 So.2d 38, 40 (Fla. 4th DCA 2008); Buton v. State, 995 So.2d 1130, 1132 (Fla. 4th DCA 2008). Finally, appellant has not alleged that the court did not give the standard deportation warning provided for by Florida Rule of Criminal Procedure 3.172(e)(8) which would cure the potential prejudice. Flores v. State, 57 So.3d 218 (Fla. 4th DCA 2010).

MAY, C.J., DAMOORGIAN and LEVINE, JJ., concur.

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