Donegal v. State
This text of 107 So. 3d 490 (Donegal v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Affirmed. Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), does not apply retroactively to the 1999 plea in this case. Hernandez v. State, — So.3d - (Fla.2012). The post-conviction motion was untimely, and appellant was not entitled to relief. In addition, the motion was insufficient as it failed to allege that appellant was in the country lawfully and removable based solely on the plea in this case. See Rosas v. State, 991 So.2d 1003 (Fla. 4th DCA 2008); Forrest v. State, 988 So.2d 38 (Fla. 4th DCA 2008).
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Cite This Page — Counsel Stack
107 So. 3d 490, 2013 WL 512649, 2013 Fla. App. LEXIS 2268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/donegal-v-state-fladistctapp-2013.