Florida District Courts of Appeal, 2013

Davis v. State

Davis v. State
Florida District Courts of Appeal · Decided January 9, 2013 · Conner, Polen, Stevenson
104 So. 3d 1279; 2013 WL 85377; 2013 Fla. App. LEXIS 316 (Southern Reporter, Third Series)

Davis v. State

Opinion of the Court

PER CURIAM.

Affirmed. Hernandez v. State, — So.3d-(Fla. 2012). In addition to being untimely, appellant’s motion is refuted by the record which demonstrates that the court advised appellant that his plea would subject him to deportation. This unequivocal warning that the plea “will” subject the defendant to deportation refutes his claim under Padilla v. Kentucky, 559 U.S. *1280356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010).

POLEN, STEVENSON and CONNER, JJ., concur.

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