Supreme Court of Florida

The two-year limitations period for moving to withdraw a plea on grounds that a trial court failed to advise the defendant that a plea could result in deportation begins when the judgment and sentence become final unless the defendant could not, with the exercise of due diligence, have ascertained within the two-year period that he or she was subject to deportation. Further, the defendant must establish only that he or she is subject to deportation because of the plea, and does not have to establish that he or she has been specifically threatened with deportation.

Appellate Information

• Decided 10/26/2006
• Published 10/26/2006

Judges

• PARIENTE, J.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Charles J. Crist, Jr., Attorney General, Tallahassee, Florida, Celia Terenzio, Bureau Chief, and James J. Carney, Senior Assistant Attorney General, West Palm Beach, FL, for Petitioner.


• For Appellees:
  
• Michael B. Cohen, Fort Lauderdale, FL, for Respondent.