Franco v. State

District Court of Appeal of Florida

Franco v. State

897 So. 2d 550, 2005 Fla. App. LEXIS 4350, 2005 WL 715740

CourtDistrict Court of Appeal of Florida

DecidedMarch 30, 2005

DocketNo. 3D05-37

StatusPublished

This text of 897 So. 2d 550 (Franco 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.

Bluebook

Franco v. State, 897 So. 2d 550, 2005 Fla. App. LEXIS 4350, 2005 WL 715740 (Fla. Ct. App. 2005).

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Opinion

PER CURIAM.

We affirm the trial court’s denial of the appellant’s motion for postconviction relief pursuant to Rule 3.850, Florida Rules of Criminal Procedure, because the allegation that the appellant was not advised of the immigration consequences of her plea was clearly refuted by the record. Nonomme v. State, 834 So.2d 963 (Fla. 3d DCA 2003). Further, the trial court’s summary denial was proper where the trial court attached the transcript of the plea colloquy and the rights waiver form to the order denying relief. See Oliver v. State, 691 So.2d 1126, 1127 (Fla. 1st DCA 1997).

Affirmed.

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PER CURIAM.

We affirm the trial court’s denial of the appellant’s motion for postconviction relief pursuant to Rule 3.850, Florida Rules of Criminal Procedure, because the allegation that the appellant was not advised of the immigration consequences of her plea was clearly refuted by the record. Nonomme v. State, 834 So.2d 963 (Fla. 3d DCA 2003). Further, the trial court’s summary denial was proper where the trial court attached the transcript of the plea colloquy and the rights waiver form to the order denying relief. See Oliver v. State, 691 So.2d 1126, 1127 (Fla. 1st DCA 1997).

Affirmed.

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Bluebook (online)

897 So. 2d 550, 2005 Fla. App. LEXIS 4350, 2005 WL 715740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/franco-v-state-fladistctapp-2005.

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