Supreme Court of Florida

In petitioner's motion for postconviction relief, claiming that his nolo contendre plea in 1995 to possession of a controlled substance was not knowingly, intelligently, and voluntarily entered because the possibility of deportation was not explained, judgment of the district court is affirmed as, a defendant may not obtain the benefit of a new two-year window period under State v. Green, if the claimant received actual notice of a deportation proceeding more than two years before the motion to withdraw plea.

Appellate Information

• Decided 04/22/2010
• Published 04/22/2010

Judges

• PER CURIAM.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Michael Ufferman of Michael Ufferman Law Firm, P.A., Tallahassee, FL, for Petitioner.


• For Appellees:
  
• Bill McCollum, Attorney General, Trisha Meggs Pate, Bureau Chief, and Joshua R. Heller, Assistant Attorneys General, Tallahassee, FL, for Respondent.