Fundora v. State

District Court of Appeal of Florida

Fundora v. State

508 So. 2d 1250, 12 Fla. L. Weekly 611, 1987 Fla. App. LEXIS 6955

CourtDistrict Court of Appeal of Florida

DecidedFebruary 24, 1987

DocketNo. 87-182

StatusPublished

Cited by1 cases

This text of 508 So. 2d 1250 (Fundora 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.

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Fundora v. State, 508 So. 2d 1250, 12 Fla. L. Weekly 611, 1987 Fla. App. LEXIS 6955 (Fla. Ct. App. 1987).

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Opinion

PER CURIAM.

Fundora appeals from the summary denial of his Florida Rule of Criminal Procedure 3.850 motion. We find that 1) appellant’s contentions, that his counsel was ineffective in failing to inform Fundo-ra of the possibility of deportation as a result of his guilty plea and that his pleas were made involuntary as a result of this lack of information, are valid grounds for collateral relief from his guilty pleas, see Ginebra v. State, 498 So.2d 467 (Fla. 3d DCA 1986); Edwards v. State, 393 So.2d 597 (Fla. 3d DCA 1981), and 2) appellant sufficiently alleges facts which, if proven, would support his prayer for relief. Since the trial court failed to attach those portions of the record which would demonstrate that Fundora is not entitled to relief, we

Reverse and remand for further proceedings in accordance with Ginebra, Edwards, and Rule 3.850.

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PER CURIAM.

Fundora appeals from the summary denial of his Florida Rule of Criminal Procedure 3.850 motion. We find that 1) appellant’s contentions, that his counsel was ineffective in failing to inform Fundo-ra of the possibility of deportation as a result of his guilty plea and that his pleas were made involuntary as a result of this lack of information, are valid grounds for collateral relief from his guilty pleas, see Ginebra v. State, 498 So.2d 467 (Fla. 3d DCA 1986); Edwards v. State, 393 So.2d 597 (Fla. 3d DCA 1981), and 2) appellant sufficiently alleges facts which, if proven, would support his prayer for relief. Since the trial court failed to attach those portions of the record which would demonstrate that Fundora is not entitled to relief, we

Reverse and remand for further proceedings in accordance with Ginebra, Edwards, and Rule 3.850.

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508 So. 2d 1250, 12 Fla. L. Weekly 611, 1987 Fla. App. LEXIS 6955, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fundora-v-state-fladistctapp-1987.

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