Deonarinesingh v. State
Deonarinesingh v. State
Opinion of the Court
We affirm the order summarily denying appellant’s petition and amended petition for writ of error coram nobis which attempted to challenge his 1997 plea. The circuit court properly treated the petition as a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, which has supplanted the need for the writ of error coram nobis. Wood v. State, 750 So.2d 592, 594-95 (Fla. 1999).
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); Arellano v. State, 90 So.3d 923, 923-24 (Fla. 4th DCA 2012). Further, appellant concedes that he has two federal convictions which may subject him to deportation. Thus, he has not shown that the plea in this case was the sole basis for his deportation. Buton v. State, 995 So.2d 1130, 1132 (Fla. 4th DCA 2008).
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.