Rodriguez v. State
Rodriguez v. State
Opinion of the Court
Alejandro Rodriguez challenges the order summarily denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse the order and remand for an evidentiary hearing.
In November 2011, Rodriguez entered a negotiated plea of no contest to possession of cocaine in exchange for a sentence of 40 days in jail. Rodriguez sought to withdraw his plea on the ground that it was involuntarily entered because his trial counsel did not advise him as required by Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010),
The transcript of the plea hearing indicates that the trial court pursuant to Florida Rule of Criminal Procedure 3.172(c)(8) advised Rodriguez that the plea “may” subject him to deportation. In denying the motion, the postconviction court found that this was a sufficient warning of the deportation consequences of the plea.
Reversed and remanded.
. Padilla was decided prior to Rodriguez entering his plea, and his claim is therefore not affected by the issue of retroactive application.
. See 8 U.S.C. § 1227(a)(2)(B)(i); Hernandez v. State, - So.3d - (Fla. 2012) (discussing the applicability of 8 U.S.C. § 1227(a)(2)(B)(i)).
. At the time of the issuance of the postcon-viction court’s order, neither this court nor the supreme court had ruled on this issue, and the postconviction court relied on cases from the Fourth and Fifth District Courts of Appeal.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.