Mario Emilio Fernandez–Balart, Appellant, v. The State of Florida, Appellee. (2011)

District Court of Appeal of Florida, Third District.

Mario Emilio Fernandez–Balart, Appellant, v. The State of Florida, Appellee.

No. 3D09–587

Decided: April 20, 2011

Before WELLS, ROTHENBERG, and EMAS, JJ.

Joseph P. George, Jr., Criminal Conflict and Civil Regional Counsel, Third Region, and Dan Hallenberg, Assistant Regional Counsel, for appellant. Pamela Jo Bondi, Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee.

Mario Fernandez–Balart appeals from an order denying his Florida Rule of Criminal Procedure 3.850 motion to vacate a plea brought within the window provided by State v. Green, 944 So.2d 208 (Fla.2006), claiming that his 1979 plea, judgment and sentence must be set aside because of misadvice of counsel as to the immigration consequences of that plea. Because we find the trial court's order denying Fernandez–Balart's motion fully supported by competent, substantial evidence, we affirm. We do so, however, without prejudice to Fernandez–Balart's right to file a new motion asserting any claim which he might have under Padilla v. Kentucky, 130 S.Ct. 1473 (2010).

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network