Davis v. State

104 So. 3d 1279, 2013 WL 85377, 2013 Fla. App. LEXIS 316
District Court of Appeal of Florida·Decided January 9, 2013·No. No. 4D12-2046·Published·Cited by 5 cases

Opinion

PER CURIAM.

Affirmed. Hernandez v. State, — So.3d-(Fla.2012). In addition to being untimely, appellant’s motion is refuted by the record which demonstrates that the court advised appellant that his plea would subject him to deportation. This unequivocal warning that the plea “will” subject the defendant to deportation refutes his claim under Padilla v. Kentucky, 559 U.S. [1280]*1280356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010).

POLEN, STEVENSON and CONNER, JJ., concur.

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Davis v. State, 104 So. 3d 1279, 2013 WL 85377, 2013 Fla. App. LEXIS 316 (Fla. Ct. App. 2013).

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