Jose Adrano a/k/a Jose Adriano
Jose Adrano a/k/a Jose Adriano
Opinion
We affirm the trial court’s summary denial of appellant’s untimely motion for post-conviction relief, as Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), does not apply retroactively to this September 2001 plea. Chaidez v. United States, — U.S. -, 133 S.Ct. 1103, 185 L.Ed.2d 149 (2013); Hernandez v. State, 124 So.3d 757 (Fla. 2012). In addition, appellant was not subject to removal strictly based on his plea in this case, a prerequisite to post-conviction re *1059 lief based on Padilla, since at the time of removal proceedings he was an illegal alien who overstayed his temporary protected status, rendering him subject to deportation on that basis alone. See Ioselli v. State, 122 So.3d 388, 390 (Fla. 4th DCA 2013); Donegal v. State, 107 So.3d 490 (Fla. 4th DCA 2013); Joseph v. State, 107 So.3d 494 (Fla. 4th DCA 2013); Rosas v. State, 911 So.2d 1003 (Fla. 4th DCA 2008).
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.