District Court of Appeal of Florida

An order granting defendant post-conviction relief, permitting him to withdraw his 1981 plea and vacating orders sentencing him pursuant to such plea is reversed where, for purposes of the pre-1989 plea, deportation was a collateral consequence of the plea and he was not entitled to post-conviction relief because the court or counsel failed to advise him that the plea could have immigration consequences. The issue of Florida Rule of Criminal Procedure 3.172(c)(8)'s retroactivity is certified as a question of great public importance.

Appellate Information

• Decided 01/30/2007
• Published 01/31/2007

Judges

• VAN NORTWICK, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Charlie Crist, Attorney General, and Edward C. Hill, Jr., Assistant Attorney General, Tallahassee, for Appellant.


• For Appellees:
  
• Robert Augustus Harper III, Robert A. Harper, Jr., and Jonathan Mitchell Kester of Harper & Harper Law Firm, P.A., Tallahassee, for Appellee.