Joseph v. State
Cases that cite this one
5 later published cases cite this decision.
- Angela Rosario v. State (Fla. Dist. Ct. App. 2015)
- Juan Alberto Blanco Garcia v. State of Tennessee (Tenn. 2013)
- Cano v. State (Fla. Dist. Ct. App. 2013)
- Ibarra v. State (Fla. Dist. Ct. App. 2013)
- Sinclair v. State (Fla. Dist. Ct. App. 2013)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
We affirm the denial of appellant’s motion for postconviction relief. First, Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), does not apply retroactively to the 1999 plea. Hernandez v. State, — So.3d - (Fla. 2012). Second, appellant does not show that he was present in the country lawfully. Padilla applies only to those who were present in the country lawfully at the time of the plea. Appellant cannot show that the plea is the sole basis for his removability. See Rosas v. State, 991 So.2d 1003 (Fla. 4th DCA 2008).
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.