Joseph v. State
Florida District Courts of Appeal
Joseph v. State, 107 So. 3d 492 (2013)
2013 WL 512973; 2013 Fla. App. LEXIS 2248
Conner, Taylor, Warner
Joseph v. State
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.
Reference
- Full Case Name
- Geno JOSEPH v. STATE of Florida
- Cited By
- 6 cases
- Status
- Published